79R4703 SMH-D

By:  Madden                                                       H.B. No. 2399



A BILL TO BE ENTITLED

AN ACT

relating to liability for damages caused by a leak from or a 
malfunction or the improper operation of a liquefied petroleum gas 
system or related equipment.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 113.301, Natural Resources Code, is 
amended to read as follows:
	Sec. 113.301.  LIMITATION OF LIABILITY OF LICENSED INSTALLER 
OR SERVICER.  A person is not liable for damages caused [solely] by 
a leak from, a malfunction of, or the improper operation of an LPG 
system or any part of an LPG system that the person delivered for 
installation in but did not install or service or that the person
installed or serviced in a residential, commercial, or public 
building or in a motor vehicle if:
		(1)  the person was licensed by the commission to 
perform the delivery, installation, or service;
		(2)  the delivery, installation, or service was 
performed in compliance with the safety rules and standards adopted 
by the commission;
		(3)  the person did not have [has no] control over the 
operation or use of the LPG system in the premises of the building 
in which it was installed or in the vehicle in which it was 
installed; and
		(4)  [the person was not negligent;  and                     
		[(5)] the person did not knowingly supply a defective 
product that [which] was a producing cause of harm.
	SECTION 2.  Subchapter K, Chapter 113, Natural Resources 
Code, is amended by adding Sections 113.302-113.304 to read as 
follows:
	Sec. 113.302.  NOTICE AND ACKNOWLEDGMENT REQUIRED BEFORE 
MODIFICATION OR REPAIR OF SYSTEM.  (a)  A person who uses an LPG 
system must give written notice to and obtain the written 
acknowledgement of the person who provides LP-gas service for the 
system or delivers LPG to the system before:
		(1)  the system is modified or repaired; or                            
		(2)  an additional or replacement appliance is 
connected or attached to the system.
	(b)  If a person does not give notice and obtain an 
acknowledgment as required by Subsection (a), the person who 
provides LP-gas service for the system or delivers LPG to the system 
is not liable for damages caused, in whole or in part, by a leak 
from:
		(1)  the modified or repaired system; or                               
		(2)  the additional or replacement appliance.                          
	(c)  The giving of notice or an acknowledgment under 
Subsection (a) does not impose on the person who provides LP-gas 
service for the system or delivers LPG to the system the duty to 
inspect or test:
		(1)  the modified or repaired system; or                               
		(2)  the additional or replacement appliance.                          
	Sec. 113.303.  LIMITATION OF LIABILITY IF SYSTEM MISUSED.  A 
person is not liable for damages caused, in whole or in part, by 
another person's use of an LPG system, piping or other equipment 
that is part of a system, or an appliance that is connected or 
attached to a system:
		(1)  for a purpose other than a purpose intended by the 
manufacturer; or
		(2)  contrary to the provisions of any safety material, 
manual, brochure, decal, or other safety guideline provided to the 
user or owner of the LPG system, piping or other equipment, or 
appliance.
	Sec. 113.304.  INVOICE AND AMOUNT OF LPG USED NOT EVIDENCE OR 
NOTICE OF LEAKAGE.  For purposes of determining liability for harm 
caused by LPG leakage, the invoice for LPG delivered presented by a 
person who provides LP-gas service for an LPG system or who delivers 
LPG to the system and the person's knowledge of the amount of LPG 
used by the person who uses the LPG system do not constitute:
		(1)  evidence that the person who provides LP-gas 
service or delivers LPG knew or should have known of LPG leakage in 
the residence or other premises or in the vehicle in which the 
system is installed; or
		(2)  notice to the person who provides LP-gas service 
or delivers LPG that such leakage may be occurring.
	SECTION 3.  This Act applies only to a cause of action that 
accrues on or after the effective date of this Act.  A cause of 
action that accrued before the effective date of this Act is covered 
by the law in effect when the cause of action accrued, and that law 
is continued in effect for that purpose.
	SECTION 4.  Section 113.301, Natural Resources Code, as 
amended by this Act, and Sections 113.302-113.304, Natural 
Resources Code, as added by this Act, are an exercise of authority 
under Section 66(c), Article III, Texas Constitution, and take 
effect only if this Act receives a vote of three-fifths of all the 
members elected to each house, as provided by Subsection (e) of that 
section.
	SECTION 5.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.