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79R8129 AJA-D

By:  Chisum                                                       H.B. No. 2532



A BILL TO BE ENTITLED

AN ACT

relating to private nuisance actions.                                         
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Title 6, Civil Practice and Remedies Code, is 
amended by adding Chapter 125A to read as follows:

CHAPTER 125A.  PRIVATE NUISANCE
	Sec. 125A.001.  PREEXISTING CONDITIONS OR CIRCUMSTANCES.  A 
claimant may not bring an action for private nuisance based on 
interference with the use and enjoyment of real property acquired 
by the claimant after the defendant became lawfully engaged in the 
activities causing the conditions and circumstances claimed to 
cause the interference complained of if:
		(1)  those activities continue to be lawful; and                       
		(2)  those conditions and circumstances have existed 
substantially unchanged since the claimant acquired the property.
	SECTION 2.  The change in law made by this Act applies only 
to a cause of action that accrues on or after the effective date of 
this Act.  A cause of action that accrues before the effective date 
of this Act is governed by the law in effect immediately before that 
date, and that law is continued in effect for that purpose.
	SECTION 3.  This Act takes effect September 1, 2005.