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A BILL TO BE ENTITLED
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AN ACT
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relating to the tort of public nuisance. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 4, Civil Practice and Remedies Code, is |
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amended by adding Chapter 100C to read as follows: |
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CHAPTER 100C. PUBLIC NUISANCE CLAIMS |
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Sec. 100C.001. DEFINITION. In this chapter, "public |
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nuisance claim" means: |
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(1) an assertion in a civil action of an injury caused |
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to the public under the common law tort of public nuisance; or |
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(2) a request in a civil action to recover damages, |
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abatement, or other relief under the common law tort of public |
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nuisance. |
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Sec. 100C.002. LIMITATIONS ON CLAIM. (a) A public nuisance |
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claim is not cognizable in this state if it seeks relief arising |
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from: |
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(1) an action or condition authorized, licensed, |
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approved, or mandated by a statute, ordinance, regulation, permit, |
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order, rule, or other similar measure issued, adopted, promulgated, |
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or approved by the federal government, a federal agency, this |
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state, or an agency or political subdivision of this state; |
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(2) an action or condition that occurs or exists in a |
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context where a statutory cause of action or administrative |
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enforcement mechanism already exists to address conduct that is |
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injurious to the public; or |
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(3) a product or the manufacturing, distributing, |
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selling, labeling, or marketing of a product, regardless of whether |
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the product is defective. |
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(b) The aggregation of multiple injuries to individuals or |
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of private nuisances does not constitute a public nuisance or give |
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rise to a public nuisance claim. |
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(c) This section may not be construed to limit a claimant |
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from obtaining relief provided by other law. |
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Sec. 100C.003. RELATIONSHIP TO COMMON LAW. To the extent of |
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a conflict between this chapter and common law, this chapter |
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controls. Otherwise, this chapter supplements the common law of |
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public nuisance, both as to the claim and defenses. |
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SECTION 2. Chapter 100C, Civil Practice and Remedies Code, |
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as added by this Act, applies only to a cause of action that accrues |
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on or after the effective date of this Act. |
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SECTION 3. If any provision of this Act or its application |
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to any person or circumstance is held invalid, the invalidity does |
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not affect other provisions or applications of this Act that can be |
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given effect without the invalid provision or application, and to |
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this end the provisions of this Act are declared severable. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |