CHAPTER 755. BOILERS
HEALTH AND SAFETY CODE
TITLE 9. SAFETY
SUBTITLE A. PUBLIC SAFETY
CHAPTER 755. BOILERS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 755.001. DEFINITIONS. In this chapter:
(1) "Alteration" means a substantial change in an original
design.
(2) "Board" means the board of boiler rules.
(3) "Boiler" means:
(A) a heating boiler;
(B) a nuclear boiler;
(C) a power boiler;
(D) an unfired steam boiler; or
(E) a process steam generator.
(4) "Certificate inspection" means the required internal or
external boiler inspection, the report of which is used by the
chief inspector to decide whether to issue a certificate of
operation.
(5) "Certificate of operation" means a certificate issued by the
executive director to allow the operation of a boiler.
(6) "Commission" means the Texas Commission of Licensing and
Regulation.
(7) "Department" means the Texas Department of Licensing and
Regulation.
(7-a) "Executive director" means the executive director of the
department.
(8) "External inspection" means an inspection of the exterior of
a boiler and its appurtenances that is made, if possible, while
the boiler is in operation.
(9) "Heating boiler" means a steam heating boiler, hot water
heating boiler, hot water supply boiler, or potable water heater
that is directly fired with oil, gas, solar energy, electricity,
coal, or other solid or liquid fuel.
(10) "High-temperature water boiler" means a water boiler
designed for operation at pressures exceeding 160 pounds per
square inch or temperatures exceeding 250 degrees Fahrenheit.
(11) "Hot water heating boiler" means a boiler designed for
operation at a pressure not exceeding 160 pounds per square inch
or temperatures not exceeding 250 degrees Fahrenheit at or near
the boiler outlet.
(12) "Hot water supply boiler" means a boiler designed for
operation at pressures not exceeding 160 pounds per square inch
or temperatures not exceeding 250 degrees Fahrenheit at or near
the boiler outlet if the boiler's:
(A) heat input exceeds 200,000 British thermal units per hour;
(B) water temperature exceeds 210 degrees Fahrenheit; or
(C) nominal water-containing capacity exceeds 120 gallons.
(13) "Inspection agency" means an authorized inspection agency
providing inspection services.
(14) "Inspector" means the chief inspector, a deputy inspector,
or an authorized inspector.
(15) "Internal inspection" means a complete and thorough
inspection of the interior waterside and fireside areas of a
boiler as construction allows.
(16) "Nuclear boiler" means a nuclear power plant system,
including its pressure vessels, piping systems, pumps, valves,
and storage tanks, that produces and controls an output of
thermal energy from nuclear fuel and the associated systems
essential to the function of the power system.
(17) "Portable power boiler" means a boiler primarily intended
for use at a temporary location.
(18) "Potable water heater" means a boiler designed for
operation at pressures not exceeding 160 pounds per square inch
and water temperatures not exceeding 210 degrees Fahrenheit if
the boiler's:
(A) heat input exceeds 200,000 British thermal units per hour;
or
(B) nominal water-containing capacity exceeds 120 gallons.
(19) "Power boiler" means:
(A) a high-temperature water boiler; or
(B) a boiler in which steam is generated at a pressure exceeding
15 pounds per square inch for a purpose external to the boiler.
(20) "Process steam generator" means an evaporator, heat
exchanger, or vessel in which steam is generated by the use of
heat resulting from the operation of a processing system that
contains a number of pressure vessels, such as used in the
manufacture of chemical and petroleum products.
(21) "Repair" means the work necessary to return a boiler to a
safe and satisfactory operating condition without changing the
original design.
(22) "Safety appliance" means a safety device such as a safety
valve or a safety relief valve for a boiler provided to diminish
the danger of accidents.
(23) "Standard boiler" means a boiler that bears a Texas stamp,
the stamp of a nationally recognized engineering professional
society, or the stamp of any jurisdiction that has adopted a
standard of construction equivalent to the standard required by
the executive director.
(24) "Steam heating boiler" means a boiler designed for
operation at pressures not exceeding 15 pounds per square inch.
(25) "Unfired steam boiler" means an unfired pressure vessel in
which steam is generated. The term does not include:
(A) vessels known as evaporators or heat exchangers; or
(B) vessels in which steam is generated by using the heat that
results from the operation of a processing system that contains a
number of pressure vessels, as used in the manufacture of
chemical and petroleum products.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 229, eff. Sept. 1,
1991; Acts 1999, 76th Leg., ch. 352, Sec. 1, eff. Sept. 1, 1999;
Acts 2003, 78th Leg., ch. 816, Sec. 5.001, eff. Sept. 1, 2003.
SUBCHAPTER B. BOARD OF BOILER RULES
Sec. 755.011. COMPOSITION OF BOARD. (a) The Board of Boiler
Rules is in the department.
(b) The board is composed of the following 11 members appointed
by the presiding officer of the commission, with the commission's
approval:
(1) three members representing persons who own or use boilers in
this state;
(2) three members representing companies that insure boilers in
this state;
(3) one member representing boiler manufacturers or installers;
(4) one member representing organizations that repair or alter
boilers in this state;
(5) one member representing a labor union; and
(6) two public members.
(c) All members except the members appointed under Subsection
(b)(6) must have experience with boilers. To the extent
possible, at least four members should be professional engineers
registered in this state.
(d) The executive director serves as an ex officio board member.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 2003, 78th Leg., ch. 18, Sec. 1, eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 816, Sec. 5.002, eff. Sept. 1,
2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
457, Sec. 1, eff. September 1, 2009.
Sec. 755.012. TERMS. Board members serve for staggered six-year
terms, with the terms of three members expiring January 31 of
each odd-numbered year.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 755.013. PRESIDING OFFICER. The chief inspector serves as
presiding officer of the board.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 2003, 78th Leg., ch. 816, Sec. 5.003, eff. Sept.
1, 2003.
Sec. 755.014. REMOVAL OF BOARD MEMBERS; VACANCY. (a) The
commission may remove a board member for inefficiency or neglect
of official duty.
(b) A board member's office becomes vacant on the resignation,
death, suspension, or incapacity of the member. The presiding
officer of the commission shall appoint, in the same manner as
the original appointment, a person to serve for the remainder of
the unexpired term.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 2003, 78th Leg., ch. 816, Sec. 5.004, eff. Sept.
1, 2003.
Sec. 755.015. COMPENSATION. A board member may not receive a
salary but is entitled to reimbursement for actual expenses
incurred in performing board duties.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 755.016. MEETINGS. The board shall meet at least twice
each year at the call of the presiding officer at a place
designated by the board.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 2003, 78th Leg., ch. 816, Sec. 5.005, eff. Sept.
1, 2003.
Sec. 755.017. POWERS AND DUTIES. The board shall advise the
commission in the adoption of definitions and rules relating to
the safe construction, installation, inspection, operating
limits, alteration, and repair of boilers and their
appurtenances.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 2003, 78th Leg., ch. 816, Sec. 5.006, eff. Sept.
1, 2003.
Sec. 755.018. MAJORITY VOTE REQUIRED. A board decision is not
effective unless supported by the vote of at least five board
members.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
SUBCHAPTER C. BOILER REGISTRATION AND INSPECTION
Sec. 755.021. REGISTRATION AND CERTIFICATE. Except as provided
by Section 755.022, each boiler operated in this state must:
(1) be registered with the department; and
(2) have qualified for a current certificate of operation.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 755.022. EXEMPTIONS FOR CERTAIN BOILERS. (a) This chapter
does not apply to:
(1) boilers owned or operated by the federal government;
(2) pressure vessels or process steam generators, other than
steam collection or liberation drums of process steam generators;
(3) manually fired miniature boilers that:
(A) are constructed or maintained for locomotives, boats,
tractors, or stationary engines only as a hobby for exhibition,
recreation, education, or historical purposes and not for
commercial use;
(B) have an inside diameter of 12 inches or less or a grate area
of two square feet or less; and
(C) are equipped with a safety valve of adequate size, a water
level indicator, and a pressure gauge; or
(4) boilers that are designed for operation only at atmospheric
pressure and that are equipped with two independent means to
prevent the buildup of pressure.
(b) Heating boilers used to heat buildings that are exclusively
for residential use and that have accommodations for not more
than four families are exempt from Sections 755.025, 755.027,
755.029, and 755.030.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 498, Sec. 1, eff. Aug. 28,
1995; Acts 1999, 76th Leg., ch. 352, Sec. 2, eff. Sept. 1, 1999.
Sec. 755.023. APPOINTMENT OF INSPECTORS AND OTHER PERSONNEL.
(a) The executive director shall appoint a chief inspector of
boilers to administer the boiler program. The chief inspector
must:
(1) be a resident of this state and a citizen of the United
States;
(2) have at least five years' experience in the construction,
installation, inspection, operation, maintenance, or repair of
boilers; and
(3) pass a written examination that demonstrates the necessary
ability to judge the safety of boilers.
(b) The chief inspector may not have a commercial interest in
the manufacture, ownership, insurance, or agency of boilers or
boiler appurtenances.
(c) As needed, the executive director shall appoint persons with
qualifications similar to those of the chief inspector to serve
as deputy inspectors.
(d) The executive director may employ clerical assistants as
necessary to carry out this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.008, eff. Sept.
1, 2003.
Sec. 755.024. AUTHORIZED INSPECTORS; EXAMINATIONS. (a) To be
an authorized inspector, a person must obtain a commission as a
boiler inspector from the executive director and must be
continuously employed by an inspection agency.
(b) The executive director, by written examination, shall
determine the qualifications of an applicant for a commission to
be an authorized inspector.
(c) Repealed by Acts 2003, 78th Leg., ch. 816, Sec. 5.014(1).
(d) Repealed by Acts 2003, 78th Leg., ch. 816, Sec. 5.014(1).
(e) Repealed by Acts 2003, 78th Leg., ch. 816, Sec. 5.014(1).
(f) After proper investigation, the executive director may
accept an inspection commission issued to a person by any other
jurisdiction that has a written examination equal to that of this
state.
(g) For good cause, the executive director may rescind a
commission issued by this state.
(h) Repealed by Acts 2003, 78th Leg., ch. 816, Sec. 5.014(1).
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 230, eff. Sept. 1,
1991; Acts 2003, 78th Leg., ch. 816, Sec. 5.014(1), 26.009, eff.
Sept. 1, 2003.
Sec. 755.025. INSPECTION. (a) The executive director shall
require each boiler to be inspected internally and externally at
the time of initial installation and at subsequent intervals as
provided by this section. The executive director may provide that
the inspection be performed by any inspector.
(b) Power boilers, unfired steam boilers, and steam collection
or liberation drums of process steam generators must receive an
annual certificate inspection and an annual external inspection.
(c) Steam heating boilers and hot water heating boilers must
receive a certificate inspection biennially.
(d) Hot water supply boilers and potable water heaters must
receive a certificate inspection triennially.
(e) A portable power boiler must be inspected externally each
time the boiler is moved to a new location and must receive an
internal inspection at least annually.
(f) The executive director shall designate the manner of
inspection for nuclear boilers, the form of the inspection
report, and the information to be reported. The executive
director and the owner of a nuclear boiler shall establish the
intervals of inspection for the boiler.
(g) The executive director may authorize the inspection of a
boiler at any reasonable time if the executive director
determines that the boiler may be in an unsafe condition. The
executive director shall notify the inspection agency that
insures that boiler and request the authorized inspector employed
by that agency to participate with the chief inspector or a
deputy inspector in a joint inspection of the boiler not later
than the 20th day after the date on which the executive director
notifies the inspection agency. An additional charge may not be
made for the joint inspection.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1999, 76th Leg., ch. 352, Sec. 3, eff. Sept. 1,
1999; Acts 2003, 78th Leg., ch. 816, Sec. 26.010, eff. Sept. 1,
2003.
Sec. 755.026. EXTENSIONS. (a) With the approval of the
executive director and the inspection agency that has
jurisdiction for the power boiler, the interval between internal
inspections may be extended to a period not exceeding a total of
60 months. For unfired steam boilers or steam collection or
liberation drums of process steam generators, the inspection
interval may be extended to the next scheduled downtime of the
boiler, but not exceeding a total of:
(1) 84 months for unfired steam boilers; or
(2) 120 months for steam collection or liberation drums of
process steam generators.
(b) The interval between internal inspections of a boiler may be
extended only if:
(1) continuous water treatment under competent and experienced
supervision to control and limit corrosion and deposits has been
in effect since its last internal inspection;
(2) the last internal and current external inspection of the
boiler indicates that the interval may safely be extended; and
(3) accurate and complete records are available that show:
(A) that since the last internal inspection samples of boiler
water have been taken or monitored at regular intervals not
exceeding 24 hours of operation and that the water condition in
the boiler is satisfactorily controlled;
(B) the dates that the boiler was out of service since the last
internal inspection and the reasons that the boiler was taken out
of service; and
(C) the nature of the repairs made to the boiler and the reasons
that those repairs were made.
(c) In addition to an extension authorized under Subsection (a),
the executive director and the inspection agency may grant an
emergency extension for a period not exceeding 120 days to the
inspection interval covered by the boiler's certificate of
operation on receipt of a request for extension stating that an
emergency exists. Before the extension may be granted, the
inspection agency must make an external inspection of the boiler,
and the conditions imposed under Subsection (b) must be met. The
commissioner and the inspection agency may not grant more than
one emergency extension under this subsection in an interval
between internal inspections.
(d) If an extended period between internal inspections is
approved by the executive director and the inspection agency, the
executive director shall issue a new certificate of operation for
the extended period of operation.
(e) If the interval between internal inspections of a gas fired
boiler is extended under Subsection (a), the executive director
and inspection agency shall require that an inspection of the gas
regulator or pressure reducing valve that services the boiler be
performed as part of the next regularly scheduled external
certificate inspection of the boiler to verify proper venting of
gas to a safe point of discharge.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1997, 75th Leg., ch. 1242, Sec. 1, eff. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 352, Sec. 4, eff. Sept. 1, 1999;
Acts 2003, 78th Leg., ch. 18, Sec. 2, eff. Sept. 1, 2003; Acts
2003, 78th Leg., ch. 816, Sec. 26.011, eff. Sept. 1, 2003.
Sec. 755.027. REPORTS BY INSPECTION AGENCY; JOINT INSPECTIONS.
(a) Not later than the 30th day after the date on which a
certificate inspection is performed by an authorized inspector,
the inspection agency employing the authorized inspector shall
file a report with the executive director in the manner specified
by the executive director.
(b) A boiler inspected by an authorized inspector is exempt from
other inspections and inspection fees under this chapter, other
than an inspection authorized under Section 755.025(g).
(c) An inspection agency shall notify the executive director in
writing of the cancellation or expiration of any insurance policy
issued by that agency to cover a boiler located in this state,
and shall include in the notice the reason for the cancellation
or expiration. The notice must state the date the policy was
issued and the date on which the cancellation or expiration takes
effect.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1999, 76th Leg., ch. 352, Sec. 5, eff. Sept. 1,
1999; Acts 2003, 78th Leg., ch. 816, Sec. 26.012, eff. Sept. 1,
2003.
Sec. 755.028. SPECIAL INSPECTIONS. The executive director may
provide a special inspection service to the owners, operators,
and manufacturers of boilers. The service may include surveys
required for certification to construct, assemble, or repair
boilers or pressure vessels.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.013, eff. Sept.
1, 2003.
Sec. 755.029. CERTIFICATE OF OPERATION. (a) The executive
director shall issue to the owner or operator of a boiler a
certificate of operation for the boiler if after a certificate
inspection:
(1) the boiler is found to be in a safe condition for operation;
and
(2) the owner or operator has paid the fees assessed under
Section 755.030.
(b) The certificate of operation is valid for not longer than
the interval required for certificate inspections of that boiler.
(c) A certificate of operation must be posted under glass in a
conspicuous place on or near the boiler for which it is issued.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 231, eff. Sept. 1,
1991; Acts 1999, 76th Leg., ch. 352, Sec. 6, eff. Sept. 1, 1999;
Acts 2003, 78th Leg., ch. 816, Sec. 26.014, eff. Sept. 1, 2003.
Sec. 755.030. FEES. (a) In addition to the fees described by
Section 51.202, Occupations Code, the commission may authorize
the collection of fees for:
(1) boiler inspections, including fees for special inspections;
and
(2) other activities administered by the boiler inspection
section and authorized by rule of the commission.
(b) The commission shall consider the advice of the board in
setting the amount of a fee for:
(1) a boiler inspection, including a fee for a special
inspection;
(2) a certificate of operation;
(3) the administration of an examination under this chapter; or
(4) any other activity administered by the boiler inspection
section.
(c) The fees, travel, and per diem collected under this chapter
may be appropriated only to the department.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 474, Sec. 1, eff. June 11,
1991; Acts 2001, 77th Leg., ch. 836, Sec. 4, eff. June 14, 2001;
Acts 2001, 77th Leg., ch. 1420, Sec. 14.807, eff. Sept. 1, 2001;
Acts 2003, 78th Leg., ch. 816, Sec. 5.007, eff. Sept. 1, 2003.
Sec. 755.032. RULES. (a) The commission may adopt and enforce
rules, in accordance with standard boiler usage, for the
construction, inspection, installation, use, maintenance, repair,
alteration, and operation of boilers.
(b) The executive director may exchange information, including
data on experience, with other authorities that inspect boilers
or their appurtenances, to obtain information necessary to adopt
rules.
(c) The executive director or a department employee may not
prescribe the make, brand, or kind of boilers or any
appurtenances on the boiler to purchase.
(d) The executive director or a department employee may not
prescribe the make, brand, or kind of boilers to purchase.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1999, 76th Leg., ch. 352, Sec. 7, eff. Sept. 1,
1999; Acts 2003, 78th Leg., ch. 816, Sec. 5.008, eff. Sept. 1,
2003.
Sec. 755.033. INTERAGENCY INSPECTION AGREEMENTS. (a) The
executive director shall enter into interagency agreements with
the Texas Department of Health, the Texas Commission on Fire
Protection, and the Texas Department of Insurance under which
inspectors, marshals, or investigators from those agencies who
discover unsafe or unregistered boilers in the course and scope
of inspections conducted as part of regulatory or safety programs
administered by those agencies are required to report the unsafe
or unregistered boilers to the executive director.
(b) The executive director may enter into analogous agreements
with local fire marshals.
(c) The commission shall adopt rules relating to the terms and
conditions of an interagency agreement entered into under this
section.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 233, eff. Sept. 1,
1991. Amended by Acts 1991, 72nd Leg., ch. 628, Sec. 8, eff.
Sept. 1, 1991; Acts 2003, 78th Leg., ch. 816, Sec. 5.009, eff.
Sept. 1, 2003.
SUBCHAPTER D. ENFORCEMENT AND PENALTIES
Sec. 755.041. REGULATION OF UNSAFE BOILERS. (a) If an
inspection shows that a boiler is unsafe, the chief inspector or
any deputy inspector shall issue a written preliminary order
requiring repairs and alterations as necessary to make the boiler
safe for use. The inspector may also order discontinuing the use
of the boiler until the repairs and alterations are made or the
unsafe conditions are remedied.
(b) On written request, an owner or operator who does not comply
with a preliminary order is entitled to a hearing before the
executive director to show cause for not enforcing the
preliminary order. If, after the hearing, the executive director
determines that the boiler is unsafe and that the preliminary
order should be enforced, or that other acts are necessary to
make the boiler safe, the executive director may order or confirm
the withholding of the certificate of operation for that boiler,
and may impose additional requirements as necessary for the
repair or alteration of the boiler or the correction of the
unsafe conditions.
(c) The chief inspector may issue a temporary certificate of
operation for a period not to exceed 30 days pending the
completion of the replacement or repairs.
(d) This section does not limit the executive director's
authority under Section 755.028 or the commission's authority
under Section 755.032.
(e) A boiler that cannot be made safe for use shall be condemned
and the use of that boiler prohibited.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 2003, 78th Leg., ch. 816, Sec. 5.010, eff. Sept.
1, 2003.
Sec. 755.042. PROSECUTION; INJUNCTION. (a) A prosecution may
not be maintained if the issuance or renewal of a certificate of
operation has been requested for a boiler but has not been acted
on. However, the executive director may petition a district court
for an injunction to restrain the operation of the boiler until
the condition restraining its use is corrected and a certificate
of operation is issued if the executive director determines that
the operation of the boiler without a certificate of operation
constitutes a serious menace to the life and safety of the
persons in or about the premises. The attorney general or the
district or county attorney may bring the suit, and venue is in
the county in which the boiler is located or in Travis County. It
is not necessary for the prosecutor to verify the pleadings or
for the state to execute a bond.
(b) The executive director's affidavit that a certificate of
operation or an application for a certificate does not exist for
a boiler, and the affidavit of the chief inspector or a deputy
inspector that the operation of the boiler constitutes a menace
to the life and safety of persons in or about the premises, are
sufficient proof to warrant the immediate issuance of a temporary
restraining order.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 234, eff. Sept. 1,
1991; Acts 2003, 78th Leg., ch. 816, Sec. 26.015, eff. Sept. 1,
2003.
Sec. 755.043. GENERAL CRIMINAL PENALTY. (a) A person, firm, or
corporation commits an offense if:
(1) the person, firm, or corporation owns a boiler in this
state, has the custody, management, use, or operation of a boiler
in this state, or is otherwise subject to this chapter or a rule
adopted under this chapter; and
(2) the person, firm, or corporation violates this chapter, a
rule adopted under this chapter, or an order issued by the
commission, the executive director, or a regularly employed
inspector authorized to enforce this chapter and rules and
orders.
(b) An offense under this section is a Class B misdemeanor.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 235, eff. Sept. 1,
1991; Acts 2003, 78th Leg., ch. 816, Sec. 5.011, eff. Sept. 1,
2003.
Sec. 755.045. NOTICE OF RULE OR ORDER REQUIRED BEFORE
PROSECUTION. A criminal action may not be maintained against any
person relating to the violation of a rule adopted or an order
issued under this chapter until the commission gives notice of
the rule or order.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 2003, 78th Leg., ch. 816, Sec. 5.012, eff. Sept.
1, 2003.
Sec. 755.046. AFFIDAVIT OF ORDERS. An affidavit is admissible
as evidence in any civil or criminal action involving an order
adopted by the commission or the executive director and the
publication of the order, without further proof of the order's
issuance or publication or of the contents of the order, if the
affidavit:
(1) is issued under the seal of the commission or the executive
director;
(2) is executed by the commission, the executive director, the
chief inspector, or a deputy inspector;
(3) states the terms of the order;
(4) states that the order was issued and published; and
(5) states that the order was in effect during the period
specified by the affidavit.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 2003, 78th Leg., ch. 816, Sec. 5.013, eff. Sept.
1, 2003.