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.