2005 Texas Civil Practice & Remedies Code CHAPTER 128. LIMITATION ON SUITS AGAINST FIREARMS OR AMMUNITION MANUFACTURER, TRADE ASSOCIATION, OR SELLER

CIVIL PRACTICE & REMEDIES CODE

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


	§ 128.001. LIMITATION ON RIGHT TO BRING SUIT OR RECOVER 
DAMAGES.  (a) In this section, "governmental unit" means:
		(1)  a political subdivision of the state, including a 
municipality or county;  and
		(2)  any other agency of government whose authority is 
derived from the laws or constitution of this state.
	(b)  Except as provided by Subsection (c), a governmental 
unit may not bring 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)  A governmental unit on behalf of the state or any other 
governmental unit may 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.  This subsection does not 
create a cause of action.
	(d)  Nothing in this section shall prohibit a governmental 
unit from bringing an action against a firearms manufacturer, trade 
association, or seller for recovery of damages for:
		(1)  breach of contract or warranty as to firearms or 
ammunition purchased by a governmental unit;
		(2)  damage or harm to property owned or leased by the 
governmental unit caused by a defective firearm or ammunition;
		(3)  personal injury or death, if such action arises 
from a governmental unit's claim for subrogation;
		(4)  injunctive relief to enforce a valid ordinance, 
statute, or regulation;  or
		(5)  contribution under Chapter 33, Civil Practice and 
Remedies Code.       
	(e)  Nothing in this section shall prohibit the attorney 
general from bringing a suit described by Subsection (b) on behalf 
of the state or any other governmental unit.  This subsection does 
not create a cause of action.

Added by Acts 1999, 76th Leg., ch. 597, § 1, eff. Sept. 1, 1999.