By:  Armbrister                               S.B. No. 847

         97S0465/1                           

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to a limitation of liability of a licensed installer or

 1-2     servicer of a liquefied petroleum gas system in a motor vehicle.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 113.301, Natural Resources Code, is

 1-5     amended to read as follows:

 1-6           Sec. 113.301.  LIMITATION OF LIABILITY OF LICENSED INSTALLER

 1-7     OR SERVICER.  A person is not liable for damages caused solely by a

 1-8     malfunction or improper operation of an LPG system that the person

 1-9     installed or serviced in a residential, commercial, or public

1-10     building or in a motor vehicle if:

1-11                 (1)  the person was licensed to perform the

1-12     installation or service; [and]

1-13                 (2)  the installation or service was performed in

1-14     compliance with the safety rules and standards adopted by the

1-15     commission;

1-16                 (3)  the person has no control over the operation of

1-17     the LPG system;

1-18                 (4)  the person was not negligent; and

1-19                 (5)  the person did not supply a defective product

1-20     which was a producing cause of harm.

1-21           SECTION 2.  The change in law made by this Act applies only

1-22     to a cause of action for damages arising out of a malfunction or

1-23     the improper operation of a liquefied petroleum gas system that

 2-1     occurs on or after the effective date of this Act.  A cause of

 2-2     action for damages arising out of a malfunction or the improper

 2-3     operation of a liquefied petroleum gas system that occurred before

 2-4     the effective date of this Act is covered by the law in effect when

 2-5     the malfunction or improper operation occurred, and the former law

 2-6     is continued in effect for that purpose.

 2-7           SECTION 3.  The importance of this legislation and the

 2-8     crowded condition of the calendars in both houses create an

 2-9     emergency and an imperative public necessity that the

2-10     constitutional rule requiring bills to be read on three several

2-11     days in each house be suspended, and this rule is hereby suspended,

2-12     and that this Act take effect and be in force from and after its

2-13     passage, and it is so enacted.