HBA-EVB S.B. 717 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 717
By: Lindsay
Civil Practices
4/29/1999
Engrossed



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 a lawsuit filed by the City of Atlanta
against the gun industry to recoup losses from public medical bills of
gunshot victims, by prohibiting any local government in Georgia from suing
gun manufacturers. 

S.B. 717 prohibits a "governmental unit," as defined in proposed Section
128.001, Civil Practice and Remedies Code, 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. (a)
Defines "governmental unit" for the purposes of this section. 

(b)  Prohibits a governmental unit, except as provided by Subsection (c),
from bringing suit against a firearms or ammunition manufacturer, trade
association, or seller for recovery of damages resulting from, or
injunctive relief or abatement of a nuisance relating to, the lawful
design, manufacture, marketing, or sale of firearms or ammunition to the
public. 

(c)  Authorizes a governmental unit on behalf of the state or any other
governmental unit to bring a suit described by Subsection (b) if the suit
is approved in advance by the legislature in a concurrent resolution or by
enactment of a law.  Provides that this subsection does not create a cause
of action. 

(d)  Prohibits anything in this section from prohibiting a governmental
unit from bringing an action against a firearms manufacturer, trade
association, or seller for recovery of  damages for: 

_breach of contract or warranty as to firearms or ammunition purchased by a
governmental unit; 

_damage or harm to property owned or leased by the governmental unit caused
by a defective firearm or ammunition; 

_personal injury or death, if such action arises from a governmental unit's
claim for subrogation; 

_injunctive relief to enforce a valid ordinance, statute, or regulation; or

_contribution under Chapter 33 (Proportionate Responsibility), Civil
Practice and Remedies Code. 

(e)  Prohibits anything in this section from prohibiting the attorney
general from bringing a suit described by Subsection (b) on behalf of the
state or any other governmental unit. Provides that this subsection does
not create a cause of action. 

SECTION 2.  Effective date: September 1, 1999.
Makes application of this Act prospective and retroactive.

SECTION 3.  Emergency clause.