Bill Text: TX HB1372 | 2023-2024 | 88th Legislature | Comm Sub
Bill Title: Relating to the tort of public nuisance.
Spectrum: Partisan Bill (Republican 36-0)
Status: (Introduced - Dead) 2023-04-14 - Committee report sent to Calendars [HB1372 Detail]
Download: Texas-2023-HB1372-Comm_Sub.html
88R19694 SCL-F | |||
By: Harris of Anderson, et al. | H.B. No. 1372 | ||
Substitute the following for H.B. No. 1372: | |||
By: Vasut | C.S.H.B. No. 1372 |
|
||
|
||
relating to the tort of public nuisance. | ||
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. PUBLIC NUISANCE CLAIMS | ||
Sec. 100C.001. DEFINITION. In this chapter, "public | ||
nuisance claim" means: | ||
(1) an assertion in a civil action of an injury caused | ||
to the public under the common law tort of public nuisance; or | ||
(2) 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 CLAIM. (a) A public nuisance | ||
claim is not cognizable in this state if it seeks relief arising | ||
from: | ||
(1) an action or condition 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 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. If any provision of this Act or its application | ||
to any person or circumstance is held invalid, the invalidity does | ||
not affect other provisions or applications of this Act that can be | ||
given effect without the invalid provision or application, and to | ||
this end the provisions of this Act are declared severable. | ||
SECTION 4. 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. |