| 1 | 1 | | 2023S0163-T 02/16/23 |
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| 2 | 2 | | By: Middleton S.B. No. 1034 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the tort of public nuisance. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Title 5, Civil Practice and Remedies Code, is |
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| 10 | 10 | | amended by adding Chapter 100C, to read as follows: |
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| 11 | 11 | | CHAPTER 100C. CIVIL ACTIONS RELATED TO PUBLIC NUISANCES |
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| 12 | 12 | | Sec. 100C.001. DEFINITION. In this chapter, "public |
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| 13 | 13 | | nuisance claim" means a request in a civil action to recover |
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| 14 | 14 | | damages, abatement, or other relief under the common law tort of |
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| 15 | 15 | | public nuisance. |
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| 16 | 16 | | Sec. 100C.002. LIMITATIONS ON CAUSE OF ACTION. (a) A |
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| 17 | 17 | | public nuisance claim is not cognizable in this state if it seeks |
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| 18 | 18 | | relief arising from: |
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| 19 | 19 | | (1) an action or condition that is authorized, |
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| 20 | 20 | | licensed, approved, or mandated by a statute, ordinance, |
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| 21 | 21 | | regulation, permit, order, rule, or other similar measure issued, |
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| 22 | 22 | | adopted, promulgated, or approved by the federal government, a |
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| 23 | 23 | | federal agency, a state, a state agency, or a political |
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| 24 | 24 | | subdivision; |
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| 25 | 25 | | (2) an action or condition that occurs or exists in a |
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| 26 | 26 | | context where a statutory cause of action or administrative |
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| 27 | 27 | | enforcement mechanism already exists to address conduct that is |
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| 28 | 28 | | injurious to the public; or |
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| 29 | 29 | | (3) a product or a claim based on the manufacturing, |
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| 30 | 30 | | distributing, selling, labeling, or marketing of a product, |
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| 31 | 31 | | regardless of whether the product is defective. |
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| 32 | 32 | | (b) The aggregation of multiple injuries to individuals or |
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| 33 | 33 | | of private nuisances does not constitute a public nuisance or give |
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| 34 | 34 | | rise to a public nuisance claim. |
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| 35 | 35 | | (c) This section may not be construed to limit a claimant |
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| 36 | 36 | | from obtaining relief provided by other law. |
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| 37 | 37 | | Sec. 100C.003. RELATIONSHIP TO COMMON LAW. To the extent of |
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| 38 | 38 | | a conflict between this chapter and common law, this chapter |
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| 39 | 39 | | controls. Otherwise, this chapter supplements the common law of |
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| 40 | 40 | | public nuisance, both as to the claim and defenses. |
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| 41 | 41 | | SECTION 2. Chapter 100C, Civil Practice and Remedies Code, |
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| 42 | 42 | | as added by this Act, applies only to a cause of action that accrues |
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| 43 | 43 | | on or after the effective date of this Act. |
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| 44 | 44 | | SECTION 3. This Act takes effect immediately if it receives |
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| 45 | 45 | | a vote of two-thirds of all the members elected to each house, as |
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| 46 | 46 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 47 | 47 | | Act does not receive the vote necessary for immediate effect, this |
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| 48 | 48 | | Act takes effect September 1, 2023. |
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