H.B. No. 1170

	AN ACT
	relating to the regulation and limitation of liability of persons
	engaged in certain liquefied petroleum gas-related activities,
	including requirements concerning consumer safety notification.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Chapter 113, Natural Resources Code, is amended
	by adding Subchapter M to read as follows:
	SUBCHAPTER M. CONSUMER SAFETY NOTIFICATION
	Sec. 113.401.  NOTICE REQUIRED. (a)  A person holding a
	license to install or repair an LPG system who sells, installs, or
	repairs an LPG system, piping or other equipment that is part of a
	system, or an appliance that is connected or attached to a system
	shall provide the following notice to the purchaser or owner of the
	system, piping or other equipment, or appliance:
	WARNING: Flammable Gas.  The installation, modification, or
	repair of an LPG system by a person who is not licensed or
	registered to install, modify, or repair an LPG system may cause
	injury, harm, or loss.  Contact a person licensed or registered to
	install, modify, or repair an LPG system.  A person licensed to
	install or repair an LPG system may not be liable for damages caused
	by the modification of an LPG system by an unlicensed person except
	as otherwise provided by applicable law.
	(b)  The commission shall adopt rules relating to the notice
	required by Subsection (a).
	SECTION 2.  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
	malfunction or the installation, modification, or improper
	operation of an LPG system that the person delivered for
	installation, 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 installation or service or was a registrant;
	(2)  the delivery, installation, or service was
	performed in compliance with the safety rules and standards adopted
	by the commission;
	(3)  the person has no control over the operation or use
	of the LPG system;
	(4)  the person was not negligent; and
	(5)  the person did not supply a defective product
	which was a producing cause of harm.
	SECTION 3.  Section 113.301, Natural Resources Code, as
	amended by 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, is an exercise of authority under Section
	66(c), Article III, Texas Constitution, and takes 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.  (a)  Except as provided by Subsection (b) of
	this section, 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.
	(b)  Section 1 of this Act takes effect September 1, 2007.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 1170 was passed by the House on April
	25, 2007, by the following vote:  Yeas 139, Nays 2, 1 present, not
	voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 1170 was passed by the Senate on May
	18, 2007, by the following vote:  Yeas 30, Nays 0.
	______________________________
	Secretary of the Senate
	APPROVED:  _____________________
	Date
	_____________________
	Governor