Bill Text: TX SB1034 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the tort of public nuisance.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-04-13 - Left pending in committee [SB1034 Detail]
Download: Texas-2023-SB1034-Introduced.html
2023S0163-T 02/16/23 | ||
By: Middleton | S.B. No. 1034 |
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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. |