By Holzheauser H.B. No. 1180
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 damages arising out of a malfunction or liquefied petroleum gas
1-24 system that occurs on or after the effective date of this Act. A
2-1 cause of action for damages arising out of a malfunction or the
2-2 improper operation of a liquefied petroleum gas system that
2-3 occurred before the effective date of this Act is covered by the
2-4 law in effect when the malfunction or improper operation occurred,
2-5 and the former law is continued in effect for that purpose.
2-6 SECTION 3. The importance of this legislation and the
2-7 crowded condition of the calendars in both houses create an
2-8 emergency and an imperative public necessity that the
2-9 constitutional rule requiring bills to be read on three several
2-10 days in each house be suspended, and this rule is hereby suspended,
2-11 and that this Act take effect and be in force from and after its
2-12 passage, and it is so enacted.