SECTION 9.23. Limitation/Avoidance of Licensee Liability

(a) An LP-gas licensee shall not limit or avoid its liability or that of its insurer for damages proximately resulting from any negligent act or acts of the licensee.

(b) An attempt to limit or avoid liability before the negligent act or acts, through indemnity clauses or otherwise, shall be null and void.

(c) This section shall not apply to negotiations or settlements, or both, made subsequent to a licensee's negligent act or acts.

(d) To the extent that any damage occurring during or subsequent to any of the following acts does not proximately result from any negligent act of the licensee, the licensee may limit liability based upon:

(1) unauthorized, unsafe, or improper application of LP-gas or any LP-gas system or equipment by any user or other person;

(2) any use or operation of LP-gas or any LP-gas system or equipment contrary to specific representations made by any user or other person to an LP-gas licensee during or preceding installation or servicing of such LP-gas system or equipment and relied upon by such LP-gas licensee in selecting, designing, installing, or servicing such system or equipment; or

(3) any modification, change, installation, alteration, tampering, or other action by any unlicensed person to or upon any LP-gas system or equipment.

Source Note: The provisions of this §9.23 adopted to be effective February 1, 2001, 26 TexReg 947