16 Tex. Admin. Code § 13.66 - Limitation/Avoidance of Licensee Liability
(a) A
compressed natural gas (CNG) licensee may not limit or avoid its liability or
that of its insurer for damages proximately caused by any negligent act or acts
of the licensee in handling CNG.
(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
does not apply to negotiations and/or settlements made subsequent to the
recognition by the parties to a contract of the 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 on the following:
(1)
unauthorized, unsafe, or improper applications of CNG and/or CNG systems or
equipment by any user or other person;
(2) any use or operation of CNG and/or CNG
systems or equipment contrary to the specific representations made by any user
or other person to a CNG licensee during or preceding installations or
servicing of such CNG systems or equipment and relied upon by such CNG licensee
in selecting, designing, installing, or servicing such systems or equipment;
or
(3) any modification, change,
installation, alteration, tampering, or other action by any unlicensed person,
to or upon any CNG system or equipment.
Notes
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