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A BILL TO BE ENTITLED
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AN ACT
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relating to the liability of manufacturers or sellers of fuel |
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additives and components and fuels. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 82, Civil Practice and Remedies Code, is |
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amended by adding Section 82.009 to read as follows: |
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Sec. 82.009. FUEL ADDITIVES, BLENDED FUELS, OR RENEWABLE |
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FUELS. (a) In a products liability action brought against a |
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manufacturer or seller of a fuel additive or blending component, |
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the manufacturer or seller is not liable for any injury to a |
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claimant caused by some aspect of the formulation or production of |
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the additive or blending component unless: |
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(1) the additive or component failed to comply with |
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standards, regulations, controls, or prohibitions promulgated by |
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this state or the federal government or an agency of this state or |
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the federal government at the time of manufacture or sale; and |
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(2) the failure to comply was a producing cause of the |
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claimant's injury. |
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(b) In a products liability action brought against a |
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manufacturer or seller of a fuel, the manufacturer or seller is not |
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liable for any injury to a claimant caused by some aspect of the |
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formulation or production of the fuel unless: |
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(1) the fuel failed to comply with standards, |
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regulations, controls, and prohibitions promulgated by this state |
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or the federal government or an agency of this state or the federal |
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government at the time of manufacture or sale; and |
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(2) the failure to comply was a producing cause of the |
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claimant's injury. |
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(c) This section does not affect the liability of a person |
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who spills or discharges a fuel additive, blending component, or |
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fuel for: |
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(1) environmental remediation costs; |
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(2) damages arising from drinking water |
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contamination; or |
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(3) damages arising from negligence, public or private |
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nuisance, trespass, breach of warranty, breach of contract, or any |
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other theory of liability. |
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(d) In this section, "fuel additive," "blending component," |
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or "fuel" means a fuel additive, blending component, or fuel that is |
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subject to the specifications mandated by: |
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(1) Chapter 4, Title 132, Revised Statutes; |
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(2) 30 T.A.C. Part 1, Chapter 114; |
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(3) 40 C.F.R. Part 79; |
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(4) 40 C.F.R. Part 80; or |
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(5) any successor statute, rule, or regulation |
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mandating the specifications of a fuel additive, blending |
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component, or fuel. |
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SECTION 2. (a) This Act applies only to an action commenced |
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on or after: |
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(1) March 1, 2007, if the action is pending on the |
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effective date of this Act; or |
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(2) the effective date of this Act. |
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(b) For an action commenced before the effective date of |
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this Act, a summary adjudication or trial, new trial, or retrial |
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that is in progress on that date is governed by the law applicable |
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to the summary adjudication or trial, new trial, or retrial |
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immediately before that date, and that law is continued in effect |
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for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a 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. |