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.