| |
| |
| |
|
|
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 |