Untitled Texas Attorney General Opinion ( 1941 )

T~E&~ORNEY GENERAL OFI'EXAS Bur64u of Labor 8t4ti6tiC6 Attention: Mr. c. E. stewart Austin, Texar opinionNo. o-2946 Re: The inspectionof State owned boilersbelongingto the Texas Prison Gentlemen : System. We have your letter of December2, 1940, with referenceto the in- spectionby your Departmentof boilers of the State Prison System. In your letteryou refer to our OpinionNo. O-2325,addressedto the Board of Control,which holds that the Board of Controlhas no authority to carryboiler insuranceprotectionat various State institutionsand agen- cies. You ask if this 6ame opinionappliesto the Prison Board, reporting that the insurancecompanyis still sendingin their inspectionreports,but that if they have no authorityto carry insuranceyou would like to have your inspector6look after these boilerswhen they are in that territory. Our OpinionNo. Q-1100,Sup., addressedto Honorable0. J. S. Ellin$- son, GeneralManager,Texas Prison System,appear6to answeryour question. We attach a copy of thle opinionfor your information,and direct your particu- lar attentionto the fourthparagraph,which reads: 'We understandfrom you that it is very importantthe boiler6 belongingto the penitentiarysystembe inspectedat regularinter- vals by competentboiler inspectore. We call attentionto the fact that the Iabor Commissionerof Texaa is chargedwith the responsl- bility of having all boilers in Texas inspectedat certaintimes or intervals,and we know of no reasonwhy that departmentshouldnot properlyinspectthe State boilers in the same manner that boilers of all private individual6are inspected." Subsequentto the releaseof OpinionNo. o-1100,Sup., this depart- ment directed,on March 22, 1940, to Honorable0. J. S. Ellingson,General Manager,Texas Prison System,Opinion0-1168, a copy of which is enclosedhere- with for your information,and which held that the Prison System could pay for boiler inspectionout of Item 12, Maintenanceand MiscellaneousAppropriation, SenateBill No. 427, Acts of the 46th Legislature,page 180. From your letter it would appear that the Prison Systemhas made some kind of an arrangementwith the InsuranceCompanyto make these boiler inspections. Your attentionis directedto Section4 of Article 522lc,Vernon's Civil Statutes,which makes it the duty of the Commissionerof the Bureau of Bureau of Labor Statietlcs,Page 2 (o-2946) Labor Statisticsto inspecteach steam boiler subjectto the provisionsof Act8 1937, 45th Legislature,page 483, ch. 436, ao amendedby House Bill No. 419 (Article5221c,Vernon’sCivil Statutes). The InruranceCompanycannotmake lnagectionr of the boilerr in quen- tion under Section5 of mid Article 522lc, an thir sectionproviderfor the inrpectionby inepectorrfor the InsuranceCompanyof boilerr on which the InsuranceCompanyhas issueda policy of insuranceafter inspectionthereof, and exemptsfrom furtherinrpectionboilers inspectedby the InsuranceCompany. Section10 of said Article 5221~ reads in part: “The Commissionermay cause the inspectionprovidedfor in this Act to be made eitherby the inspectorof boilers or any deputy inspector,or by eny qualifiedboiler inspectoremployed by any county,or city and county,or city, or any insurance company,providedthat such personsmaking Qmp@ions (other than the inspectorof boilersor deputy inspectorsregularly employ@ by the Commissioner)shall first obtain from the Com- missionera Commissionas inspectorshowinghis qualifications to make such inspections.The Commissioneris vestedwith full power and authorityto determinethe qualifications of any ap- plicant or other person seekinga commissiona8 inspector,by examination. * * +" Under Section10, supra,it is specificallyprovidedthat the Com- missionermay authorizethe inspectionof any boiler by any qualifiedboiler inspectorof an Insurancecompany,providedthat such insuranceInspectorshall first obtainfrom the Commissionera commissionas inspectorshowinghi8 quali- ficationsto make such inspection. If the insurancecompany'scommissionedinspectorinspectsaaid boiler, the Commissionermay accept his report,but if the Commissionerdoes not wish to accept such report,he may make, or cause to be made, the proper inspection. Trustingthat the foregoinganswersyour question,we remain Yours very truly APPROVEDJAR 10, 1941 ATTORNEXGRRRRALOFTRXAS Id GeraldC. Mann BY ATTORNEYGEXRRALOFTEXAS D. Burle Davis6 Assistant APPROVED DBD:RS:LM opinioncommittee BY BIA'B chairman