Law:Title 6. Miscellaneous Provisions from Chapter 128. Limitation On Suits Against Firearms Or Ammunition Manufacturer, Trade Association, Or Seller (Texas)

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Chapter 128. Limitation On Suits Against Firearms Or Ammunition Manufacturer, Trade Association, Or Seller

Section  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.


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