HBA-ATS H.B. 1561 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1561
By: Green
Civil Practices
4/6/1999
Introduced



BACKGROUND AND PURPOSE 

Over the past several months, the cities of Atlanta, Chicago, Miami, New
York, New Orleans, and Philadelphia have filed products liability lawsuits
against gun manufacturers, retailers, and trade associations.  Theories of
liability center on a third-party's misuse of a gun, based on either the
negligent design of firearms with inadequate safety devices and warnings or
the negligent marketing and distribution of weapons.  Some states have
responded by introducing legislation that would preclude local governments
from suing gun manufacturers and retailers.  Recently, Georgia has passed
legislation that effectively bars the lawsuit filed by the City of Atlanta
by prohibiting any local government in Georgia from suing gun
manufacturers. 

H.B. 1561 prohibits governmental entities from suing handgun or ammunition
manufacturers for recovery of damages resulting from the lawful design,
manufacture, marketing or sale of firearms or ammunition to the public,
except by action of the attorney general.  In addition, this bill provides
that no cause of action is created by the enactment of this legislation. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Title 6, Civil Practice and Remedies Code, by adding
Chapter 128, as follows: 

CHAPTER 128.  LIMITATION ON SUITS AGAINST FIREARMS OR AMMUNITION
MANUFACTURER, TRADE ASSOCIATION, OR SELLER 

Sec. 128.001.  LIMITATION ON RIGHT TO BRING SUIT OR RECOVER DAMAGES.
Defines "governmental unit" for purposes of this section.  Prohibits a
governmental unit, including the state, a state or local agency, and a
political subdivision from suing a firearms or ammunition manufacturer,
trade association, or seller for damages for the design, manufacture,
marketing, or sale of firearms or ammunition to the public, but does
authorize the attorney general to sue.  Provides that no cause of action is
created.  Provides that a governmental unit is not prohibited from suing a
firearms or ammunition manufacturer or seller for breach of contract or
warranty as to firearms or ammunition purchased by it. 

SECTION 2.  Effective date: September 1, 1999.  Provides that this Act
applies to an action filed before, on, or after September 1, 1999. 

SECTION 3.  Emergency clause.