1-1 By: Holzheauser (Senate Sponsor - Armbrister) H.B. No. 1180
1-2 (In the Senate - Received from the House April 23, 1997;
1-3 April 24, 1997, read first time and referred to Committee on State
1-4 Affairs; May 9, 1997, reported favorably, as amended, by the
1-5 following vote: Yeas 12, Nays 0; May 9, 1997, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Armbrister
1-7 Amend H.B. 1180 as follows:
1-8 In SECTION 1, amending Section 113.301, Natural Resources Code
1-9 (1) On page 1, line 34, after the word negligent; strike the word
1-10 "and"
1-11 (2) On page 1, line 36, after the word "harm" strike the "." and
1-12 add "; and"
1-13 (3) On page 1, after 36, add the following:
1-14 "(6) the person adequately warned of a dangerous
1-15 condition which was a producing cause of harm."
1-16 A BILL TO BE ENTITLED
1-17 AN ACT
1-18 relating to a limitation of liability of a licensed installer or
1-19 servicer of a liquefied petroleum gas system in a motor vehicle.
1-20 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-21 SECTION 1. Section 113.301, Natural Resources Code, is
1-22 amended to read as follows:
1-23 Sec. 113.301. LIMITATION OF LIABILITY OF LICENSED INSTALLER
1-24 OR SERVICER. A person is not liable for damages caused solely by a
1-25 malfunction or improper operation of an LPG system that the person
1-26 installed or serviced in a residential, commercial, or public
1-27 building or in a motor vehicle if:
1-28 (1) the person was licensed to perform the
1-29 installation or service; [and]
1-30 (2) the installation or service was performed in
1-31 compliance with the safety rules and standards adopted by the
1-32 commission;
1-33 (3) the person has no control over the operation of
1-34 the LPG system;
1-35 (4) the person was not negligent; and
1-36 (5) the person did not supply a defective product
1-37 which was a producing cause of harm.
1-38 SECTION 2. The change in law made by this Act applies only
1-39 to damages arising out of a malfunction or liquefied petroleum gas
1-40 system that occurs on or after the effective date of this Act. A
1-41 cause of action for damages arising out of a malfunction or the
1-42 improper operation of a liquefied petroleum gas system that
1-43 occurred before the effective date of this Act is covered by the
1-44 law in effect when the malfunction or improper operation occurred,
1-45 and the former law is continued in effect for that purpose.
1-46 SECTION 3. The importance of this legislation and the
1-47 crowded condition of the calendars in both houses create an
1-48 emergency and an imperative public necessity that the
1-49 constitutional rule requiring bills to be read on three several
1-50 days in each house be suspended, and this rule is hereby suspended,
1-51 and that this Act take effect and be in force from and after its
1-52 passage, and it is so enacted.
1-53 * * * * *