Untitled Texas Attorney General Opinion

OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN Honorable John D. Reed, Commissioner Bureau of Labor Statistics Austin, Texas Dear Sir: on Division Opinion No. O-3 Re: ,Promulgation rules for Boiler We have your letter posed new rule which you sta ke to incorporate in a new edition of the Boil nd Regulations. YOU e to be followed in spection Law contains the statutory req ew rule or amendment into effect, and erein should be scru- pulously followed t of such section reads as follows: ion or order is pro- amended, modified or a public hearing shall than ten (10) days be- ereof shall be published 3) newspapers published and hav- tion in the State of Texas, such in the notice of the hearing prior to their adoption, on two'(2) different days not more than ten (10) days apart and within thirty (30) days after the adoption of such rules, regulations and orders; provided that Honorable John D. Reed, Commissioner, Page 2 in lieu of publishing in newspapers the rules, regu- lations and orders by the Commissioner, as stated above, the Commissioner may publish and circulate said rules, regulations and orders or the repeal, modification or amendment of any such rule, regula- tion or order in such form or manner as he may de- termine; and such rules, regulations and orders shall become effective within ten (10) days after date of notice of adoption thereof or final publication, or at such later time as the Commissioner may, in the rules, regulations and orders, determine. The Com- missioner is hereby authorized end empowered, in case of extreme emergency, to promulgate and enforce tem- porary rules? regulations and orders as he may deem necessary, without publishing the same as hereinabove directed; provided, however, that when such temporary rules, regulations or orders are adopted the same shall not be effective for a period of more than twenty (20) days and no criminal prosecution, as here- inafter provided, shall be had until the provisions of Section 16 of this Act have been complied with.* Section 16, thus referred to, reads as follows: "An affidavit under the seal of the Commissioner executed by said Commissioner or the Inspector of Eoilers or any Deputy Inspector, setting forth the terms of any order of the commissioner and that it has been adopted, promulgated and published, and was in effect at any date during any period specified in such affidavit, shall be prima facie evidence of all such facts ani such aff?.dcvitshall be admitted in evidence in any action, civil or criminal, involving such order and the publication thereof without fur- ther proof of such promulgation, adoption, or publi- cation and without further proof of its contents." We have prepared and attach hereto copy of notice of public hearing. We have left blank the date of hearing, and you should insert the date of your choice, and then have the identical notice published in any three newspapers of general circulation in Texas which you m~ay choose. You should have the advertisement or notice published by the three separate newspapers on the same date. Sonorable John D. Xeed, Commissioner, Page 3 After publication of notice and hearing held on the date specified by you, if the ne?>rule is adppted, you may then publish the new rule "in such formsor manner" as may be deter- mined. As you stated orally to the writer that you wished to publish the rules, including the new rule, if adopted, in pam- phlet or booklet form of the same style and format employed by your predecessors in office, we have checked the law~with re- ference to such publication and find no legal objection thereto. ?!ehave, therefore, prepared the forms to be used in such a publication, and submit same to be used, if, after such hearing, you adopt the new rule. If the above is not thoroughly understood by your of- fice, or if we may otherwise assist you, do not hesitate to call upon us. Yours very truly APPROVED SEPT. 5, 1941 ATTORNEY GENERAL OF TEXAS /a/ Grover Sellers BY FIRST ASSISTANT /a/ Benjamin Woodall ATTORNEY GENERAL Assistant BW:GO ENCLOSXRE APFROVED OFIWIOIJCOKMITTEE BY B.!?.B.CBAIRkAN Ek. LEGAL NOTICE Notice in conformity to the provisions of Sections 6 and 16 of the Texas Boiler Inspection Law (Acts 45th Legis- lature, Ch. 436, p. 893, as amended) is hereby given of a public hearing to be held at my office in the City of Austin, Travis County; Texas, on 1941, to - consider amending the Boiler Rules and Regulation: of February 23, 1938, heretoPore adopted by the Gommiasioner of the Bureau of Labor Statistics by adding thereto a new section to be known c':I;;, as Rule 26, and reading as follows: "Rule 26. Foundation and Levels. All boilers, vertical and portable oil field locomo- tive types, shall be kept level and must be provided with a suitable and substantial foundation, such as steel, concrete, brick, or stone. The vertical type mud rim or bottom of boilers' settings shall not be less than 6 inches from the ground. The locomotive type boilers' mud rim or wet bottom, shall have the foundation of its setting not less than,12 inches from the floor or ground. All boilers' mud rims shall be accessible to the boiler inspector. No boilers bottom or mud rim shall be permitted to leak. It shall be kept dry and free from dampness. The front section or smoke box of a locomotive type boiler shall have a suitable foundation under this section to support the front part of the boiler that it may be kept level at all times. Boilers that are not kept level and do not have sub- stantial foundations are subject to removal from service until such provisions are provided." John D. Reed, Commissioner; Bureau of Labor Statistics ZEXEAS, in conformity to the provisions of Sections 6 and 16 of the Texas Boiler Inspection Law (Acts, 45th Legis- lature, 1937, Ch. 436, p. 893, as amended, Acts 46th Legisla- ture, 1939, Ch. l,,%aboP, p. 433) the Commissioner, after due notice, has held a public hearing at Austin, Texas, on 1941, to consider amending the Boiler Hul and Regulations oh February 23 1938 heretofore adopted by %e Commissioner of the Bureau of labor Qtatistics, by adding there- to a new section to be known as Rule 26; and XSRREAS, the Conmissioner finds from all the evidence heard and introduced at the said hearing, that the safety of life and property requires that said Rule 26 be promulgated and passed, NO%'TESREFORZ, it is ordered by the Commissioner that said Rule 26 shall be effective from and after October 1, 1941, and shall be obeyed by a11 manufacturers of boilers and by all persons dealing in the sale of boilers and the installation there- of and all psrsons using said boilers within the State of Texas, such new Rule No. 26 being as follows: Rule 26. Foundations and Levels All boilers, vertical and portable oil field locomotive types, shall be kept level and must be provided with a suitable and substantial foundation, such as steel, concrete, brick, or stone. The ver- tic&& type mud rim or bottom of boilers' settings shall not be less than 6 inches from,the ground. The locomotive type boilers' mud rim or wet bottom, shall have the foundation of its setting not less than 12 inches from the floor or ground. All boil- ers' mud rims shall be accessible to the boiler in- spector. No boilers bottom or mut rim shall be per- mitted to leak. It shall be kept dry and free from dampness. The front section or smoke box of a locomotive type boiler shall have a suitable foundation under this section to support the front part of the boiler that it may be kept level at all times. Boilers that are not kept level and do not have substantial foundations are subject to removal from service un- til such.provisions are provided. -l- It is further ordered that the previous order of August 1, 1937, as amended by the order of February 23; 1938, shall continue in full force and effect: It is further ordered that in lieu of publication in newspapers that this order shall be published in booklet form, copies of which shall be retained by the Commissioner, Chief Boiler Inspector and any authorized Boiler Inspector; and anyone desiring a copy may obtain same by paying the ac- tual cost of printing and handling. Eg TESTIMONY WBBREOF, f have hereunto signed my of- ficial signature and caused the seal of the Bureau of Labor. Statistics of the State of Texas to be affixed at the City of Austin, this the day of , A. D. 1941. Commissioner, Bureau of (SEAL) Labor Statistics