By Lindsay                                             S.B. No. 717
         76R7432 AJA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to certain suits against firearms or ammunition
 1-3     manufacturers, trade associations, or sellers.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Title 6, Civil Practice and Remedies Code, is
 1-6     amended by adding Chapter 128 to read as follows:
 1-7      CHAPTER 128.  LIMITATION ON SUITS AGAINST FIREARMS OR AMMUNITION
 1-8                 MANUFACTURER, TRADE ASSOCIATION, OR SELLER
 1-9           Sec. 128.001.  LIMITATION ON RIGHT TO BRING SUIT OR RECOVER
1-10     DAMAGES.  (a)  In this section, "governmental unit" means:
1-11                 (1)  the state;
1-12                 (2)  an agency of the state;
1-13                 (3)  a political subdivision of the state, including a
1-14     municipality or county; and
1-15                 (4)  any other agency of government whose authority is
1-16     derived from the laws or constitution of this state.
1-17           (b)  Except as provided by Subsection (c), a governmental
1-18     unit may not bring suit against a firearms or ammunition
1-19     manufacturer, trade association, or seller for recovery of damages
1-20     resulting from, or injunctive relief or abatement of a nuisance
1-21     relating to, the lawful design, manufacture, marketing, or sale of
1-22     firearms or ammunition to the public.
1-23           (c)  A governmental unit, or the attorney general on behalf
1-24     of the state or any other governmental unit, may bring a suit
 2-1     described by Subsection (b) if the suit is approved in advance by
 2-2     the legislature in a concurrent resolution or by enactment of a
 2-3     law. This subsection does not create a cause of action.
 2-4           (d)  This section does not prohibit a governmental unit  from
 2-5     bringing an action against a firearms or ammunition manufacturer or
 2-6     seller for breach of contract or warranty as to firearms or
 2-7     ammunition purchased by the governmental unit.
 2-8           SECTION 2.  (a)  This Act takes effect September 1, 1999.
 2-9           (b)  Chapter 128, Civil Practice and Remedies Code, as added
2-10     by this Act, applies to an action filed before, on, or after the
2-11     effective date of this Act.
2-12           SECTION 3.  The importance of this legislation and the
2-13     crowded condition of the calendars in both houses create an
2-14     emergency and an imperative public necessity that the
2-15     constitutional rule requiring bills to be read on three several
2-16     days in each house be suspended, and this rule is hereby suspended.