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 * * * * *