SRC-AXB S.B. 717 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 717
76R7432  AJA-DBy: Lindsay
State Affairs
3/10/1999
As Filed


DIGEST 

Currently, the gun industry is not federally regulated, and firearms have
constitutional protection. Lawsuits, such as those which claim the industry
is negligent for failing to include more safety features, serve as the only
type of regulation over the gun industry.  However, numerous lawsuits harm
gun makers because of the cost of defending suits which seek damages for
governmental units' expenses involving emergency services, hospital
treatments, police services, and prosecutions related to gun violence.
Theories behind these lawsuits include failing the risk/utility test
regarding the design defect doctrine, and negligent marketing.  Texas would
avoid following the precedent that gun companies are legally responsible
for harm caused by their products through S.B. 717, which prohibits a
governmental unit from filing a lawsuit against firearms or ammunition
manufacturers, trade associations, or sellers without express consent of
the legislature. 

PURPOSE

As proposed, S.B. 717 limits suits by a governmental unit to recover
damages or injunctive relief or abatement of a nuisance relating to
firearms or ammunition, against firearms or ammunition manufacturers, trade
associations, and sellers. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

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.
Defines "governmental unit."  Prohibits a governmental unit from bringing a
suit against certain firearms or ammunition-related entities for recovery
of damages resulting from the lawful industries of those entities such as
design, manufacture, marketing, and sales of firearms or ammunition, except
as provided by Subsection (c).  Authorizes a governmental unit or the
attorney general to bring a suit against firearms or ammunition-related
entities if the suit is  previously approved by the legislature through
certain methods.  Clarifies that this subsection does not create a cause of
action, and that a governmental unit is not prohibited from bringing a suit
for breach of contract or warranty regarding firearms or ammunition which a
governmental unit purchases.  

SECTION 2.Effective date:  September 1, 1999.
  Makes application of this Act retroactive.

SECTION 3.  Emergency clause.