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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;

(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

(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;

(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.

(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

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.

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.

(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.

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

that those repairs were made.

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).

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.

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.

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.

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.

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.

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.