BOARD OF BOILER RULES Meeting of September 24, 2015 North Campus Building, 1st Floor Public Meeting Room 1106 Clayton Lane - Austin, Texas

Summary of Minutes

Presiding Officer, Rob Troutt called the meeting to order at 9:06 a.m.

Presiding Officer, Rob Trout moved to agenda item B., Roll Call and Certification of Quorum. Board members present were Rob Troutt, Norman Anderson, George Crawford, Gerald Harris, Don Mitchell, Stuart Nester, Bill Quisenberry, Bryan Schulte and Mark Thompson. Board members Palmer Dent, Russell Mays and Richard West were absent. A quorum was seated.

Presiding Officer, Rob Troutt moved to agenda item C., Training for the Board members. Charles Johnson provided an overview of the Open Meetings Act, Public Information Act, and Administrative Procedures Act. Charles Johnson, Assistant General Counsel presented an overview of the Open Meetings Act, Public Information Act and the Administrative Procedures Act and answered questions from the board.

Presiding Officer, Rob Troutt moved to agenda item D., Approval of Minutes – Meeting of March 6, 2015 meeting. Board member Bryan Schulte, seconded by Gerald Harris, made a motion that the minutes be approved as amended. The motion passed by a unanimous vote.

Presiding Officer, Rob Troutt moved to agenda item E., TDLR video presentation on the public comment process. The video could not be shown due to technical difficulties.

Presiding Officer, Rob Troutt moved to agenda item F., Public Comment. There was no public comment.

Presiding Officer, Rob Troutt moved to agenda item G., Staff Reports: Brian Francis, Deputy Executive Director provided the Executive Office staff report. Tracy Black, Program Specialist provided the Compliance Division staff report. Lorraine Sroufe, Program Specialist provided the Education and Examination report. John Medlock, Enforcement Prosecutor provided the Enforcement Division staff report and answered questions from the board. Tarsha Redd, Program Supervisor provided Licensing Division staff report.

Presiding Officer, Rob Troutt took a break at 10:05 a.m. and the meeting reconvened at 10:18 a.m.

Presiding Officer, Rob Troutt moved to agenda item H., Discussion and possible recommendations regarding proposed rule amendments, at 16 Texas Administrative Code, Chapter 65, Subchapter A, §65.2; Subchapter C, §65.13; Subchapter I, §65.62; Subchapter J, §65.72; Subchapter K, § 65.86, Subchapter N, §65.203 and §65.210; Subchapter O, §65.300; Subchapter P, §65.401; Subchapter R, §§65.605, 65.608 - 65.611, 65.612(e), and 65.613, regarding new subsections, fees, safety concerns, and editorial and technical corrections. Assistant General Counsel, Charles Johnson outlined the proposed rule changes and the comment process. The Board

Page 1 of 3 reviewed the rules and comments and discussed recommendations and changes:

65.2 Discussion on Definitions. Board member Bryan Schulte, seconded by Bill Quisenberry, made a motion to amend the definition in 65.2(64) regarding the definition of a serious accident to “An explosion resulting in any degree of distortion to the wall of the boiler or related equipment or damage to the building where the boiler is located. Or, emergency medical services are dispatched to the location of a boiler accident in which a person or people require medical services as a result of the boiler, this includes being treated on site, transported to a medical facility or result in a fatality.” Motion passed by unanimous vote. Board member Gerald Harris, seconded by Bryan Schulte, made a motion to accept 65.2 changes as amended. Motion passed by unanimous vote. 65.13 Boiler Installations. Board member Bryan Schulte, seconded by Donald Mitchell, made a motion to accept the changes as presented. Motion passed by unanimous vote. 65.72 Condemned Boilers. Board member Gerald Harris, seconded by Bryan Schulte, made a motion to accept the changes as presented. Motion passed by unanimous vote. 65.210. Standards for Internal Boiler Inspections. Board member Bryan Schulte, seconded by Stuart Nester, made a motion to accept the changes as presented. Motion passed by unanimous vote. 65.300. Certificate/Inspection Fees. Board member Bryan Schulte, seconded by Gerald Harris, made a motion to accept the changes as presented. Motion passed by unanimous vote. 65.401 Sanctions. 65.605. Board member Stuart Nester, seconded by Bryan Schulte, made a motion to accept the changes as presented. Motion passed by unanimous vote. 65.608 Unfired Steam Boilers. Board member Gerald Harris, seconded by Donald Mitchell, made a motion to accept the changes as presented. Motion passed by unanimous vote. 65.609 Process Steam Generators. Board member, Gerald Harris seconded by Bryan Schulte, made a motion to accept the changes as presented. Motion passed by unanimous vote. 65.610 Nuclear Boilers. Board member Bryan Schulte, seconded by Stuart Nester, made a motion to accept the changes as presented. Motion passed by unanimous vote. 65.611 Heating Boilers. Board member Gerald Harris, seconded by Stuart Nester, made a motion to accept the changes as presented. Motion passed by unanimous vote. 65.612. Repair and Alterations. Board discussed the work done by the task force. Board member Gerald Harris, seconded by Bryan Schulte, made a motion to accept the changes as presented. Motion passed by unanimous vote. 65.613 Liquid Pressure Tests. Board member Stuart Nester, seconded by Mark Thompson, made a motion to accept the changes as presented and adjusted references in the rules throughout. Motion passed by unanimous vote. Board member Gerald Harris, seconded by Bryan Schulte, made a motion to recommend the proposed rules for publication in the Texas Register for public comment. Motion passed by unanimous vote.

Presiding Officer, Rob Troutt moved to agenda item I., Discussion and possible recommendation regarding proposed rule amendments needed to implement House Bill 3091, 84th Legislature, Regular Session (2015), relating to the registration of boiler inspection agencies. Charles Johnson and Rob Troutt outlined the legislative proposal and proposed rules under HB 3091.

Page 2 of 3 Board member Bryan Schulte, seconded by Gerald Harris made a motion to recommend the proposed rules for publication in the Texas Register. Motion passed by unanimous vote.

Presiding Officer, Rob Troutt moved to agenda item I, Recommendations for agenda items for the next meeting. The board agreed to place the following items on the agenda public comments on proposed rules.

Presiding Officer, Rob Troutt moved to agenda item K., Discussion of date, time, and location of next meeting. The Board proposed the next meeting be held in December 2015.

Presiding Officer, Rob Troutt moved to agenda item L., Adjournment. Board member Bryan Schulte, seconded by Gerald Harris, made a motion to adjourn the meeting. The motion passed by unanimous vote. The meeting adjourned at 11:00 a.m.

______Rob Troutt, Presiding Officer Board of Boiler Rules

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