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