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.

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