Sec. 128.001. LIMITATION ON RIGHT TO BRING SUIT OR RECOVER DAMAGES. (a) In this section:
(1) "Governmental unit" means:
(A) a political subdivision of the state, including a municipality or county; and
(B) any other agency of government whose authority is derived from the laws or constitution of this state.
(2) "Sport shooting range" has the meaning assigned by Section 250.001, Local Government Code.
(b) Except as provided by Subsections (c) and (f), a governmental unit may not bring suit against:
(1) 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; or
(2) a sport shooting range, the owners or operators of a sport shooting range, or the owners of real property on which a sport shooting range is operated, for the lawful discharge of firearms on the sport shooting range.
(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.
(f) Nothing in this section shall prohibit a governmental unit from bringing an action against a sport shooting range, the owners or operators of a sport shooting range, or the owners of real property on which a sport shooting range is operating if the sport shooting range began operation after September 1, 2011, and operates exclusively within the governmental unit's geographical limits, exclusive of the governmental unit's extraterritorial jurisdiction:
(1) for injunctive relief to enforce a valid ordinance, statute, or regulation; or
(2) to require the sport shooting range to comply with generally accepted standards followed in the sport shooting range industry in this state at the time of the sport shooting range's construction.
Added by Acts 1999, 76th Leg., ch. 597, Sec. 1, eff. Sept. 1, 1999.
Redesignated from Civil Practice and Remedies Code, Section 128.001 by Acts 2011, 82nd Leg., R.S., Ch. 624 (S.B. 766), Sec. 2, eff. September 1, 2011.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 624 (S.B. 766), Sec. 3, eff. September 1, 2011.
Last modified: September 28, 2016