2023S0163-T 02/16/23
By: Middleton S.B. No. 1034
A BILL TO BE ENTITLED
AN ACT
relating to the tort of public nuisance.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 5, 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 under the common law tort of
public nuisance.
Sec. 100C.002. LIMITATIONS ON CAUSE OF ACTION. (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 common law, 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 a cause of action that accrues
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, 2023.