By Green H.B. No. 1561 76R6101 AJA-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the authority of governmental entities to bring suit 1-3 against a firearms or ammunition manufacturer, trade association, 1-4 or seller. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Title 6, Civil Practice and Remedies Code, is 1-7 amended by adding Chapter 128 to read as follows: 1-8 CHAPTER 128. LIMITATION ON SUITS AGAINST FIREARMS OR AMMUNITION 1-9 MANUFACTURER, TRADE ASSOCIATION, OR SELLER 1-10 Sec. 128.001. LIMITATION ON RIGHT TO BRING SUIT OR RECOVER 1-11 DAMAGES. (a) In this section, "governmental unit" means: 1-12 (1) the state; 1-13 (2) an agency of the state; 1-14 (3) a political subdivision of the state, including a 1-15 municipality or county; and 1-16 (4) any other agency of government whose authority is 1-17 derived from the laws or constitution of this state. 1-18 (b) Except as provided by Subsection (c), a governmental 1-19 unit may not bring suit against a firearms or ammunition 1-20 manufacturer, trade association, or seller for recovery of damages 1-21 resulting from, or injunctive relief or abatement of a nuisance 1-22 relating to, the lawful design, manufacture, marketing, or sale of 1-23 firearms or ammunition to the public. 1-24 (c) The attorney general may bring a suit described by 2-1 Subsection (b) on behalf of the state or any other governmental 2-2 unit. This subsection does not create a cause of action. 2-3 (d) This section does not prohibit a governmental unit from 2-4 bringing an action against a firearms or ammunition manufacturer or 2-5 seller for breach of contract or warranty as to firearms or 2-6 ammunition purchased by the governmental unit. 2-7 SECTION 2. This Act takes effect September 1, 1999, and 2-8 applies to an action filed before, on, or after that date. 2-9 SECTION 3. The importance of this legislation and the 2-10 crowded condition of the calendars in both houses create an 2-11 emergency and an imperative public necessity that the 2-12 constitutional rule requiring bills to be read on three several 2-13 days in each house be suspended, and this rule is hereby suspended.