1-1 By: Armbrister S.B. No. 779
1-2 (In the Senate - Filed March 10, 1993; March 11, 1993, read
1-3 first time and referred to Committee on Jurisprudence;
1-4 March 30, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 0; March 30, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Henderson x
1-10 Harris of Tarrant x
1-11 Brown x
1-12 Harris of Dallas x
1-13 Luna x
1-14 Parker x
1-15 West x
1-16 COMMITTEE SUBSTITUTE FOR S.B. No. 779 By: Brown
1-17 A BILL TO BE ENTITLED
1-18 AN ACT
1-19 relating to liability of a licensed installer of certain liquefied
1-20 petroleum gas systems.
1-21 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-22 SECTION 1. Chapter 113, Natural Resources Code, is amended
1-23 by adding Subchapter J to read as follows:
1-24 SUBCHAPTER J. LIABILITY OF LICENSE HOLDER
1-25 Sec. 113.301. LIMITATION OF LIABILITY OF LICENSED INSTALLER.
1-26 A person is not liable for damages caused solely by a malfunction
1-27 or improper operation of an LPG system that the person installed in
1-28 a residential, commercial, or public building if:
1-29 (1) the person was licensed to perform the
1-30 installation;
1-31 (2) the installation was performed in compliance with
1-32 the safety rules and standards adopted by the commission;
1-33 (3) the person has no control over the operation of
1-34 the LPG system;
1-35 (4) the person was not negligent; and
1-36 (5) the person did not supply a defective product
1-37 which was a producing cause of harm.
1-38 SECTION 2. This Act applies only to a cause of action for
1-39 damages arising out of a malfunction or the improper operation of a
1-40 liquefied petroleum gas system that occurs on or after the
1-41 effective date of this Act.
1-42 SECTION 3. The importance of this legislation and the
1-43 crowded condition of the calendars in both houses create an
1-44 emergency and an imperative public necessity that the
1-45 constitutional rule requiring bills to be read on three several
1-46 days in each house be suspended, and this rule is hereby suspended,
1-47 and that this Act take effect and be in force from and after its
1-48 passage, and it is so enacted.
1-49 * * * * *
1-50 Austin,
1-51 Texas
1-52 March 30, 1993
1-53 Hon. Bob Bullock
1-54 President of the Senate
1-55 Sir:
1-56 We, your Committee on Jurisprudence to which was referred S.B. No.
1-57 779, have had the same under consideration, and I am instructed to
1-58 report it back to the Senate with the recommendation that it do not
1-59 pass, but that the Committee Substitute adopted in lieu thereof do
1-60 pass and be printed.
1-61 Henderson,
1-62 Chairman
1-63 * * * * *
1-64 WITNESSES
1-65 FOR AGAINST ON
1-66 ___________________________________________________________________
1-67 Name: John Danks x
1-68 Representing: Tx Propane Gas Assoc.
2-1 City: Austin
2-2 -------------------------------------------------------------------
2-3 Name: Burnie Burner x
2-4 Representing: Texas LP Gas Assoc.
2-5 City: Austin
2-6 -------------------------------------------------------------------
2-7 Name: Dianne Morris x
2-8 Representing: Assn Ins Agncy
2-9 City: Austin
2-10 -------------------------------------------------------------------