By:  Armbrister                                        S.B. No. 779
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to liability of a licensed installer of certain liquefied
    1-2  petroleum gas systems.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Chapter 113, Natural Resources Code, is amended
    1-5  by adding Subchapter J to read as follows:
    1-6              SUBCHAPTER J.  LIABILITY OF LICENSE HOLDER
    1-7        Sec. 113.301.  LIMITATION OF LIABILITY OF LICENSED INSTALLER.
    1-8  A person is not liable for damages caused solely by a malfunction
    1-9  or improper operation of an LPG system that the person installed in
   1-10  a residential, commercial, or public building if:
   1-11              (1)  the person was licensed to perform the
   1-12  installation;
   1-13              (2)  the installation was performed in compliance with
   1-14  the safety rules and standards adopted by the commission;
   1-15              (3)  the person has no control over the operation of
   1-16  the LPG system;
   1-17              (4)  the person was not negligent; and
   1-18              (5)  the person did not supply a defective product
   1-19  which was a producing cause of harm.
   1-20        SECTION 2.  This Act applies only to a cause of action for
   1-21  damages arising out of a malfunction or the improper operation of a
   1-22  liquefied petroleum gas system that occurs on or after the
   1-23  effective date of this Act.
   1-24        SECTION 3.  The importance of this legislation and the
    2-1  crowded condition of the calendars in both houses create an
    2-2  emergency and an imperative public necessity that the
    2-3  constitutional rule requiring bills to be read on three several
    2-4  days in each house be suspended, and this rule is hereby suspended,
    2-5  and that this Act take effect and be in force from and after its
    2-6  passage, and it is so enacted.