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.