By Armbrister                                          S.B. No. 417
       74R4309 SMH-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to a limitation of liability of a licensed installer or
    1-3  servicer of a liquefied petroleum gas system in a motor vehicle.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 113.301, Natural Resources Code, is
    1-6  amended to read as follows:
    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 or in a motor vehicle 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.  The change in law made by this Act applies only
   1-23  to a cause of action for damages arising out of a malfunction or
   1-24  the improper operation of a liquified petroleum gas system that
    2-1  occurs on or after the effective date of this Act.  A cause of
    2-2  action for damages arising out of a malfunction or the improper
    2-3  operation of a liquified petroleum gas system that occurred before
    2-4  the effective date of this Act is covered by the law in effect when
    2-5  the malfunction or improper operation occurred, and the former law
    2-6  is continued in effect for that purpose.
    2-7        SECTION 3.  The importance of this legislation and the
    2-8  crowded condition of the calendars in both houses create an
    2-9  emergency and an imperative public necessity that the
   2-10  constitutional rule requiring bills to be read on three several
   2-11  days in each house be suspended, and this rule is hereby suspended,
   2-12  and that this Act take effect and be in force from and after its
   2-13  passage, and it is so enacted.