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.