| 1 | 1 | | 89R867 SCL-F |
|---|
| 2 | 2 | | By: Vasut H.B. No. 3964 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to common law public nuisance claims. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Title 4, Civil Practice and Remedies Code, is |
|---|
| 12 | 12 | | amended by adding Chapter 100C to read as follows: |
|---|
| 13 | 13 | | CHAPTER 100C. CIVIL ACTIONS RELATED TO PUBLIC NUISANCES |
|---|
| 14 | 14 | | Sec. 100C.001. DEFINITION. In this chapter, "public |
|---|
| 15 | 15 | | nuisance claim" means a request in a civil action to recover |
|---|
| 16 | 16 | | damages, abatement, or other relief for a public nuisance under the |
|---|
| 17 | 17 | | common law of this state, whether asserted as a cause of action or |
|---|
| 18 | 18 | | an injury. |
|---|
| 19 | 19 | | Sec. 100C.002. LIMITATIONS ON COMMON LAW PUBLIC NUISANCE |
|---|
| 20 | 20 | | CLAIMS. (a) A public nuisance claim is not cognizable in this |
|---|
| 21 | 21 | | state if it seeks relief arising from: |
|---|
| 22 | 22 | | (1) an action or condition that is authorized, |
|---|
| 23 | 23 | | licensed, approved, or mandated by a statute, ordinance, |
|---|
| 24 | 24 | | regulation, permit, order, rule, or other similar measure issued, |
|---|
| 25 | 25 | | adopted, promulgated, or approved by the federal government, a |
|---|
| 26 | 26 | | federal agency, a state, a state agency, or a political |
|---|
| 27 | 27 | | subdivision; |
|---|
| 28 | 28 | | (2) an action or condition that occurs or exists in a |
|---|
| 29 | 29 | | context where a statutory cause of action or administrative |
|---|
| 30 | 30 | | enforcement mechanism already exists to address conduct that is |
|---|
| 31 | 31 | | injurious to the public; or |
|---|
| 32 | 32 | | (3) a product or a claim based on the manufacturing, |
|---|
| 33 | 33 | | distributing, selling, labeling, or marketing of a product, |
|---|
| 34 | 34 | | regardless of whether the product is defective. |
|---|
| 35 | 35 | | (b) The aggregation of multiple injuries to individuals or |
|---|
| 36 | 36 | | of private nuisances does not constitute a public nuisance or give |
|---|
| 37 | 37 | | rise to a public nuisance claim. |
|---|
| 38 | 38 | | (c) This section may not be construed to limit a claimant |
|---|
| 39 | 39 | | from obtaining relief provided by other law. |
|---|
| 40 | 40 | | Sec. 100C.003. RELATIONSHIP TO COMMON LAW. To the extent of |
|---|
| 41 | 41 | | a conflict between this chapter and the common law of public |
|---|
| 42 | 42 | | nuisance, this chapter controls. Otherwise, this chapter |
|---|
| 43 | 43 | | supplements the common law of public nuisance, both as to the claim |
|---|
| 44 | 44 | | and defenses. |
|---|
| 45 | 45 | | SECTION 2. Chapter 100C, Civil Practice and Remedies Code, |
|---|
| 46 | 46 | | as added by this Act, applies only to an action filed on or after the |
|---|
| 47 | 47 | | effective date of this Act. |
|---|
| 48 | 48 | | SECTION 3. This Act takes effect immediately if it receives |
|---|
| 49 | 49 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 50 | 50 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 51 | 51 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 52 | 52 | | Act takes effect September 1, 2025. |
|---|