AN ACT
 1-1     relating to certain suits against firearms or ammunition
 1-2     manufacturers, trade associations, or sellers.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Title 6, Civil Practice and Remedies Code, is
 1-5     amended by adding Chapter 128 to read as follows:
 1-6      CHAPTER 128.  LIMITATION ON SUITS AGAINST FIREARMS OR AMMUNITION
 1-7                 MANUFACTURER, TRADE ASSOCIATION, OR SELLER
 1-8           Sec. 128.001.  LIMITATION ON RIGHT TO BRING SUIT OR RECOVER
 1-9     DAMAGES.  (a)  In this section, "governmental unit" means:
1-10                 (1)  a political subdivision of the state, including a
1-11     municipality or county; and
1-12                 (2)  any other agency of government whose authority is
1-13     derived from the laws or constitution of this state.
1-14           (b)  Except as provided by Subsection (c), a governmental
1-15     unit may not bring suit against a firearms or ammunition
1-16     manufacturer, trade association, or seller for recovery of damages
1-17     resulting from, or injunctive relief or abatement of a nuisance
1-18     relating to, the lawful design, manufacture, marketing, or sale of
1-19     firearms or ammunition to the public.
1-20           (c)  A governmental unit on behalf of the state or any other
1-21     governmental unit may bring a suit described by Subsection (b) if
1-22     the suit is approved in advance by the legislature in a concurrent
1-23     resolution or by enactment of a law.  This subsection does not
1-24     create a cause of action.
 2-1           (d)  Nothing in this section shall prohibit a governmental
 2-2     unit from bringing an action against a firearms manufacturer, trade
 2-3     association, or seller for recovery of damages for:
 2-4                 (1)  breach of contract or warranty as to firearms or
 2-5     ammunition purchased by a governmental unit;
 2-6                 (2)  damage or harm to property owned or leased by the
 2-7     governmental unit caused by a defective firearm or ammunition;
 2-8                 (3)  personal injury or death, if such action arises
 2-9     from a governmental unit's claim for subrogation;
2-10                 (4)  injunctive relief to enforce a valid ordinance,
2-11     statute, or regulation; or
2-12                 (5)  contribution under Chapter 33, Civil Practice and
2-13     Remedies Code.
2-14           (e)  Nothing in this section shall prohibit the attorney
2-15     general from bringing a suit described by Subsection (b) on behalf
2-16     of the state or any other governmental unit.  This subsection does
2-17     not create a cause of action.
2-18           SECTION 2.  (a)  This Act takes effect September 1, 1999.
2-19           (b)  Chapter 128, Civil Practice and Remedies Code, as added
2-20     by this Act, applies to an action filed before, on, or after the
2-21     effective date of this Act.
2-22           SECTION 3.  The importance of this legislation and the
2-23     crowded condition of the calendars in both houses create an
2-24     emergency and an imperative public necessity that the
2-25     constitutional rule requiring bills to be read on three several
2-26     days in each house be suspended, and this rule is hereby suspended.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 717 passed the Senate on
         April 6, 1999, by the following vote:  Yeas 23, Nays 7.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 717 passed the House on
         May 18, 1999, by the following vote:  Yeas 107, Nays 39, one
         present not voting.
                                             _______________________________
                                                 Chief Clerk of the House
         Approved:
         _______________________________
                     Date
         _______________________________
                   Governor