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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 ACTIONS |
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Sec. 100C.001. DEFINITION. In this chapter, "public |
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nuisance action" means an action asserting a cause of action |
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cognizable as the tort of public nuisance. |
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Sec. 100C.002. LIMITATIONS ON CAUSE OF ACTION. The |
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following claims, actions, or conditions do not constitute or give |
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rise to a cause of action cognizable as the tort of public nuisance: |
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(1) an action or condition authorized, approved, or |
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mandated by a court order; |
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(2) an action or condition authorized, approved, or |
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mandated by a statute, ordinance, regulation, permit, order, rule, |
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or other similar measure issued, adopted, promulgated, or approved |
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by the federal government, a federal agency, a state, a state |
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agency, or a political subdivision; |
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(3) a claim that a product endangers the health, |
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safety, or welfare of the public at large or has caused injury to |
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one or more members of the public; |
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(4) a claim based on 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; or |
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(5) any other claim, action, or condition determined |
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by common law to not constitute or give rise to a cause of action |
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cognizable as the tort of public nuisance. |
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Sec. 100C.003. RELIEF AVAILABLE TO GOVERNMENTAL ENTITY; |
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STANDING. (a) In a public nuisance action brought by the state, a |
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state agency, or a political subdivision of this state, the |
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remedies available to the governmental entity are limited to an |
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injunction and any other relief that is available at law to abate |
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the nuisance. A governmental entity may not recover economic, |
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noneconomic, or exemplary damages, as those terms are defined by |
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Section 41.001. |
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(b) This section may not be construed to limit a |
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governmental entity from obtaining relief provided by other law. |
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(c) A financial expenditure made by the state or a political |
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subdivision of this state related to the remediation, abatement, or |
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injunction of an unlawful condition does not constitute an injury |
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sufficient to confer standing to file or maintain a public nuisance |
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action. |
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Sec. 100C.004. PUBLIC NUISANCE ACTION BY PRIVATE CITIZEN. |
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An individual may bring a public nuisance action only for |
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compensatory damages and only for an injury caused to the |
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individual by the nuisance that is different in kind, not just in |
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degree, from an injury suffered by the public at large. |
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Interference with the use of or damage to public land, air, or water |
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with only personal, spiritual, cultural, or emotional significance |
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to the individual does not constitute or give rise to a cause of |
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action cognizable as the tort of public nuisance. The aggregation |
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of multiple individual injuries or private nuisances does not |
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constitute violation of an established public right for purposes of |
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a public nuisance action. |
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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. 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. |