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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation and limitation of liability of persons |
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engaged in certain liquefied petroleum gas-related activities, |
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including requirements concerning consumer safety notification. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 113, Natural Resources Code, is amended |
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by adding Subchapter M to read as follows: |
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SUBCHAPTER M. CONSUMER SAFETY NOTIFICATION |
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Sec. 113.401. NOTICE REQUIRED. (a) A person holding a |
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license to install or repair an LPG system who sells, installs, or |
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repairs an LPG system, piping or other equipment that is part of a |
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system, or an appliance that is connected or attached to a system |
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shall provide the following notice to the purchaser or owner of the |
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system, piping or other equipment, or appliance: |
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WARNING: Flammable Gas. The installation, modification, or |
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repair of an LPG system by a person who is not licensed or |
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registered to install, modify, or repair an LPG system may cause |
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injury, harm, or loss. Contact a person licensed or registered to |
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install, modify, or repair an LPG system. A person licensed to |
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install or repair an LPG system may not be liable for damages caused |
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by the modification of an LPG system by an unlicensed person except |
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as otherwise provided by applicable law. |
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(b) The commission shall adopt rules relating to the notice |
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required by Subsection (a). |
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SECTION 2. Section 113.301, Natural Resources Code, is |
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amended to read as follows: |
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Sec. 113.301. LIMITATION OF LIABILITY OF LICENSED INSTALLER |
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OR SERVICER. A person is not liable for damages caused solely by a |
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malfunction or the installation, modification, or improper |
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operation of an LPG system that the person delivered for |
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installation, installed, or serviced in a residential, commercial, |
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or public building or in a motor vehicle if: |
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(1) the person was licensed by the commission to |
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perform the installation or service or was a registrant; |
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(2) the delivery, installation, or service was |
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performed in compliance with the safety rules and standards adopted |
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by the commission; |
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(3) the person has no control over the operation or use |
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of the LPG system; |
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(4) the person was not negligent; and |
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(5) the person did not supply a defective product |
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which was a producing cause of harm. |
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SECTION 3. Section 113.301, Natural Resources Code, as |
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amended by this Act, applies only to a cause of action that accrues |
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on or after the effective date of this Act. A cause of action that |
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accrued before the effective date of this Act is covered by the law |
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in effect when the cause of action accrued, and that law is |
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continued in effect for that purpose. |
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SECTION 4. Section 113.301, Natural Resources Code, as |
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amended by this Act, is an exercise of authority under Section |
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66(c), Article III, Texas Constitution, and takes effect only if |
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this Act receives a vote of three-fifths of all the members elected |
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to each house, as provided by Subsection (e) of that section. |
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SECTION 5. (a) Except as provided by Subsection (b) of |
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this section, this Act takes effect immediately if it receives a |
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vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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(b) Section 1 of this Act takes effect September 1, 2007. |
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