16 Tex. Admin. Code § 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.
Notes
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