By: Middleton S.B. No. 779
(In the Senate - Filed January 14, 2025; February 7, 2025,
read first time and referred to Committee on State Affairs;
March 31, 2025, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 7, Nays 1; March 31, 2025,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 779 By: Middleton
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 brought by a
private party or a political subdivision of this state 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, this state, or an agency or political subdivision
of this state;
(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.
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