Sec. 113.301. LIMITATION OF LIABILITY OF LICENSED INSTALLER OR SERVICER  


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  • 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.

Added by Acts 1993, 73rd Leg., ch. 80, Sec. 1, eff. Aug. 30, 1993. Amended by Acts 1997, 75th Leg., ch. 300, Sec. 1, eff. May 26, 1997. Amended by: Acts 2007, 80th Leg., R.S., Ch. 462 , Sec. 2, eff. June 16, 2007.