1-1  By:  Armbrister                                        S.B. No. 417
    1-2        (In the Senate - Filed February 1, 1995; February 6, 1995,
    1-3  read first time and referred to Committee on Economic Development;
    1-4  March 15, 1995, reported favorably by the following vote:  Yeas 7,
    1-5  Nays 0; March 15, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to a limitation of liability of a licensed installer or
    1-9  servicer of a liquefied petroleum gas system in a motor vehicle.
   1-10        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-11        SECTION 1.  Section 113.301, Natural Resources Code, is
   1-12  amended to read as follows:
   1-13        Sec. 113.301.  Limitation of Liability of Licensed Installer
   1-14  or Servicer.  A person is not liable for damages caused solely by a
   1-15  malfunction or improper operation of an LPG system that the person
   1-16  installed or serviced in a residential, commercial, or public
   1-17  building or in a motor vehicle if:
   1-18              (1)  the person was licensed to perform the
   1-19  installation or service; <and>
   1-20              (2)  the installation or service was performed in
   1-21  compliance with the safety rules and standards adopted by the
   1-22  commission;
   1-23              (3)  the person has no control over the operation of
   1-24  the LPG system;
   1-25              (4)  the person was not negligent; and
   1-26              (5)  the person did not supply a defective product
   1-27  which was a producing cause of harm.
   1-28        SECTION 2.  The change in law made by this Act applies only
   1-29  to a cause of action for damages arising out of a malfunction or
   1-30  the improper operation of a liquefied petroleum gas system that
   1-31  occurs on or after the effective date of this Act.  A cause of
   1-32  action for damages arising out of a malfunction or the improper
   1-33  operation of a liquefied petroleum gas system that occurred before
   1-34  the effective date of this Act is covered by the law in effect when
   1-35  the malfunction or improper operation occurred, and the former law
   1-36  is continued in effect for that purpose.
   1-37        SECTION 3.  The importance of this legislation and the
   1-38  crowded condition of the calendars in both houses create an
   1-39  emergency and an imperative public necessity that the
   1-40  constitutional rule requiring bills to be read on three several
   1-41  days in each house be suspended, and this rule is hereby suspended,
   1-42  and that this Act take effect and be in force from and after its
   1-43  passage, and it is so enacted.
   1-44                               * * * * *