HBA-ATS H.B. 1716 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1716
By: Hupp
Civil Practices
3/29/1999
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. 1716 prohibits the state or any city or county in Texas from filing a
products liability suit against a firearms or ammunition manufacturer,
retailer, or trade association unless the suit is approved in advance by
the legislature in a concurrent resolution or by enactment of a law.  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 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 or a governmental unit to sue if the suit is approved in
advance by the legislature in a concurrent resolution or by enactment of a
law.  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.