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 * * * * *