2009 Texas Code
CIVIL PRACTICE AND REMEDIES CODE
TITLE 6. MISCELLANEOUS PROVISIONS
CHAPTER 128. LIMITATION ON SUITS AGAINST FIREARMS OR AMMUNITION MANUFACTURER, TRADE ASSOCIATION, OR SELLER  

CIVIL PRACTICE AND REMEDIES CODE

TITLE 6. MISCELLANEOUS PROVISIONS

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) 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, Sec. 1, eff. Sept. 1,

1999.