78R4864 DAK-D

By:  Gallego                                                      H.B. No. 907



A BILL TO BE ENTITLED

AN ACT

relating to limiting the liability of certain persons for the 
inspection, installation, or adjustment of child passenger safety 
seat systems.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 45, Health and Safety Code, is amended by 
adding Section 45.004 to read as follows:
	Sec. 45.004.  LIMITATION ON LIABILITY FOR CHILD PASSENGER 
SAFETY TECHNICIANS AND SPONSORS.  (a)  In this section:
		(1)  "Child passenger safety technician" means an 
individual certified as a child passenger safety technician or 
technician instructor by the National Highway Traffic Safety 
Administration or an entity designated by the National Highway 
Traffic Safety Administration.
		(2)  "Sponsoring organization" means a person that:                    
			(A)  employs a child passenger safety technician;                     
			(B)  offers or arranges a free child safety seat 
system checkup or fitting station program for the general public; 
or
			(C)  owns property on which a free child safety 
seat system checkup or fitting station program for the general 
public takes place.
	(b)  A child passenger safety technician or a sponsoring 
organization is not liable for damages arising from an act or 
omission that occurs solely in the inspection, installation, or 
adjustment of a child passenger safety seat system in a motor 
vehicle or in giving advice or assistance relating to the 
installation or adjustment of the system if:
		(1)  the technician acts in good faith and within the 
scope of the training for which the technician is certified;
		(2)  the act or omission is not grossly negligent or the 
result of wilful or wanton misconduct; and
		(3)  the inspection, installation, or adjustment of the 
system or the advice or assistance:
			(A)  is provided without fee or charge to the 
owner or operator of the motor vehicle; and
			(B)  is not provided in conjunction with the 
for-profit sale of the system or a component of the system.
	SECTION 2.  The heading to Chapter 45, Health and Safety 
Code, is amended to read as follows:

CHAPTER 45.  [DISTRIBUTION OF] CHILD PASSENGER SAFETY SEAT SYSTEMS
	SECTION 3.  This Act takes effect September 1, 2003, and 
applies only to a cause of action that accrues on or after that 
date.  An action that accrued before the effective date of this Act 
is governed by the law applicable to the action immediately before 
the effective date of this Act, and that law is continued in effect 
for that purpose.