S.B. No. 779 AN ACT 1-1 relating to liability of a licensed installer or servicer of 1-2 certain liquefied 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 OR SERVICER. A person is not liable for damages caused solely by a 1-9 malfunction or improper operation of an LPG system that the person 1-10 installed or serviced in a residential, commercial, or public 1-11 building if: 1-12 (1) the person was licensed to perform the 1-13 installation or service; and 1-14 (2) the installation or service was performed in 1-15 compliance with the safety rules and standards adopted by the 1-16 commission; 1-17 (3) the person has no control over the operation of 1-18 the LPG system; 1-19 (4) the person was not negligent; and 1-20 (5) the person did not supply a defective product 1-21 which was a producing cause of harm. 1-22 SECTION 2. This Act applies only to a cause of action for 1-23 damages arising out of a malfunction or the improper operation of a 1-24 liquefied petroleum gas system that occurs on or after the 2-1 effective date of this Act. 2-2 SECTION 3. The importance of this legislation and the 2-3 crowded condition of the calendars in both houses create an 2-4 emergency and an imperative public necessity that the 2-5 constitutional rule requiring bills to be read on three several 2-6 days in each house be suspended, and this rule is hereby suspended, 2-7 and that this Act take effect and be in force from and after its 2-8 passage, and it is so enacted.