| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to common law public nuisance claims. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Title 4, Civil Practice and Remedies Code, is |
|
|
amended by adding Chapter 100C to read as follows: |
|
|
CHAPTER 100C. CIVIL ACTIONS RELATED TO PUBLIC NUISANCES |
|
|
Sec. 100C.001. DEFINITION. In this chapter, "public |
|
|
nuisance claim" means a request in a civil action to recover |
|
|
damages, abatement, or other relief for a public nuisance under the |
|
|
common law of this state, whether asserted as a cause of action or |
|
|
an injury. |
|
|
Sec. 100C.002. LIMITATIONS ON COMMON LAW PUBLIC NUISANCE |
|
|
CLAIMS. (a) A public nuisance claim is not cognizable in this |
|
|
state if it seeks relief arising from: |
|
|
(1) an action or condition that is authorized, |
|
|
licensed, approved, or mandated by a statute, ordinance, |
|
|
regulation, permit, order, rule, or other similar measure issued, |
|
|
adopted, promulgated, or approved by the federal government, a |
|
|
federal agency, a state, a state agency, or a political |
|
|
subdivision; |
|
|
(2) an action or condition that occurs or exists in a |
|
|
context where a statutory cause of action or administrative |
|
|
enforcement mechanism already exists to address conduct that is |
|
|
injurious to the public; or |
|
|
(3) a product or a claim based on the manufacturing, |
|
|
distributing, selling, labeling, or marketing of a product, |
|
|
regardless of whether the product is defective. |
|
|
(b) The aggregation of multiple injuries to individuals or |
|
|
of private nuisances does not constitute a public nuisance or give |
|
|
rise to a public nuisance claim. |
|
|
(c) This section may not be construed to limit a claimant |
|
|
from obtaining relief provided by other law. |
|
|
Sec. 100C.003. RELATIONSHIP TO COMMON LAW. To the extent of |
|
|
a conflict between this chapter and the common law of public |
|
|
nuisance, this chapter controls. Otherwise, this chapter |
|
|
supplements the common law of public nuisance, both as to the claim |
|
|
and defenses. |
|
|
SECTION 2. Chapter 100C, Civil Practice and Remedies Code, |
|
|
as added by this Act, applies only to an action filed on or after the |
|
|
effective date of this Act. |
|
|
SECTION 3. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2025. |