BILL ANALYSIS
S.B. 417
By: Armbrister (Holzheauser)
May 16, 1995
Committee Report (Unamended)
BACKGROUND
During the 73rd Legislature, the Natural Resources Code was amended
to allow immunity from certain claims for Texas propane dealers.
The amendment to the code dealt with damages caused solely by
improper operation of a liquid petroleum gas system that the person
installed or serviced in a residential, commercial, or public
building.
PURPOSE
As proposed, S.B. 417 prohibits a person from being held liable for
damages caused solely by a malfunction or improper operation of a
liquid petroleum gas system that the person installed or serviced
in a motor vehicle.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 113.301, Natural Resources Code,
by prohibiting a person from being held liable for damages caused
solely by a malfunction or improper operation of a liquified
petroleum gas system that the person installed or serviced in a
motor vehicle. Makes a nonsubstantive change.
SECTION 2. Makes application of this Act prospective.
SECTION 3. Emergency clause.
Effective date: upon passage.
SUMMARY OF COMMITTEE ACTION
Senate Bill 417 was considered by the Committee on Civil Practices
in a public hearing on May 3, 1995. The following individuals
testified in support of the bill: Patricia T. Mandt, attorney,
representing Harbert Construction; Mary Canfield, attorney,
representing Harbert Construction; and Oliver Pennington, attorney,
representing Harbert Construction. No one testified in opposition
to or neutrally on the bill. The bill was left pending. S.B. 417
was considered by the committee in a public hearing on May 10,
1995. The bill was reported favorably, without amendment, with the
recommendation that it do pass and be printed, by a record vote of
five ayes, zero nays, zero pnv and four absent.