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.