1-1     By:  Lindsay                                           S.B. No. 717
 1-2           (In the Senate - Filed February 26, 1999; March 1, 1999, read
 1-3     first time and referred to Committee on State Affairs;
 1-4     March 15, 1999, reported favorably by the following vote:  Yeas 7,
 1-5     Nays 0; March 15, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to certain suits against firearms or ammunition
 1-9     manufacturers, trade associations, or sellers.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Title 6, Civil Practice and Remedies Code, is
1-12     amended by adding Chapter 128 to read as follows:
1-13      CHAPTER 128.  LIMITATION ON SUITS AGAINST FIREARMS OR AMMUNITION
1-14                 MANUFACTURER, TRADE ASSOCIATION, OR SELLER
1-15           Sec. 128.001.  LIMITATION ON RIGHT TO BRING SUIT OR RECOVER
1-16     DAMAGES.  (a)  In this section, "governmental unit" means:
1-17                 (1)  the state;
1-18                 (2)  an agency of the state;
1-19                 (3)  a political subdivision of the state, including a
1-20     municipality or county; and
1-21                 (4)  any other agency of government whose authority is
1-22     derived from the laws or constitution of this state.
1-23           (b)  Except as provided by Subsection (c), a governmental
1-24     unit may not bring suit against a firearms or ammunition
1-25     manufacturer, trade association, or seller for recovery of damages
1-26     resulting from, or injunctive relief or abatement of a nuisance
1-27     relating to, the lawful design, manufacture, marketing, or sale of
1-28     firearms or ammunition to the public.
1-29           (c)  A governmental unit, or the attorney general on behalf
1-30     of the state or any other governmental unit, may bring a suit
1-31     described by Subsection (b) if the suit is approved in advance by
1-32     the legislature in a concurrent resolution or by enactment of a
1-33     law.  This subsection does not create a cause of action.
1-34           (d)  This section does not prohibit a governmental unit  from
1-35     bringing an action against a firearms or ammunition manufacturer or
1-36     seller for breach of contract or warranty as to firearms or
1-37     ammunition purchased by the governmental unit.
1-38           SECTION 2.  (a)  This Act takes effect September 1, 1999.
1-39           (b)  Chapter 128, Civil Practice and Remedies Code, as added
1-40     by this Act, applies to an action filed before, on, or after the
1-41     effective date of this Act.
1-42           SECTION 3.  The importance of this legislation and the
1-43     crowded condition of the calendars in both houses create an
1-44     emergency and an imperative public necessity that the
1-45     constitutional rule requiring bills to be read on three several
1-46     days in each house be suspended, and this rule is hereby suspended.
1-47                                  * * * * *