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.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 1180 was passed by the House on April

         22, 1997, by the following vote:  Yeas 147, Nays 0, 1 present, not

         voting.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 1180 was passed by the Senate on May

         13, 1997, by the following vote:  Yeas 30, Nays 0.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor