HBA-EVB S.B. 717 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 717 By: Lindsay Civil Practices 4/29/1999 Engrossed BACKGROUND AND PURPOSE Over the past several months, the cities of Atlanta, Chicago, Miami, New York, New Orleans, and Philadelphia have filed products liability lawsuits against gun manufacturers, retailers, and trade associations. Theories of liability center on a third-party's misuse of a gun, based on either the negligent design of firearms with inadequate safety devices and warnings or the negligent marketing and distribution of weapons. Some states have responded by introducing legislation that would preclude local governments from suing gun manufacturers and retailers. Recently, Georgia has passed legislation that effectively bars a lawsuit filed by the City of Atlanta against the gun industry to recoup losses from public medical bills of gunshot victims, by prohibiting any local government in Georgia from suing gun manufacturers. S.B. 717 prohibits a "governmental unit," as defined in proposed Section 128.001, Civil Practice and Remedies Code, from filing a products liability suit against a firearms or ammunition manufacturer, retailer, or trade association unless the suit is approved in advance by the legislature in a concurrent resolution or by enactment of a law. In addition, this bill provides that no cause of action is created by the enactment of this legislation. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Title 6, Civil Practice and Remedies Code, by adding Chapter 128, as follows: CHAPTER 128. LIMITATION ON SUITS AGAINST FIREARMS OR AMMUNITION MANUFACTURER, TRADE ASSOCIATION, OR SELLER Sec. 128.001. LIMITATION ON RIGHT TO BRING SUIT OR RECOVER DAMAGES. (a) Defines "governmental unit" for the purposes of this section. (b) Prohibits a governmental unit, except as provided by Subsection (c), from bringing suit against a firearms or ammunition manufacturer, trade association, or seller for recovery of damages resulting from, or injunctive relief or abatement of a nuisance relating to, the lawful design, manufacture, marketing, or sale of firearms or ammunition to the public. (c) Authorizes a governmental unit on behalf of the state or any other governmental unit to bring a suit described by Subsection (b) if the suit is approved in advance by the legislature in a concurrent resolution or by enactment of a law. Provides that this subsection does not create a cause of action. (d) Prohibits anything in this section from prohibiting a governmental unit from bringing an action against a firearms manufacturer, trade association, or seller for recovery of damages for: _breach of contract or warranty as to firearms or ammunition purchased by a governmental unit; _damage or harm to property owned or leased by the governmental unit caused by a defective firearm or ammunition; _personal injury or death, if such action arises from a governmental unit's claim for subrogation; _injunctive relief to enforce a valid ordinance, statute, or regulation; or _contribution under Chapter 33 (Proportionate Responsibility), Civil Practice and Remedies Code. (e) Prohibits anything in this section from prohibiting the attorney general from bringing a suit described by Subsection (b) on behalf of the state or any other governmental unit. Provides that this subsection does not create a cause of action. SECTION 2. Effective date: September 1, 1999. Makes application of this Act prospective and retroactive. SECTION 3. Emergency clause.