Relating to common law public nuisance claims.

89(R) HB 3964 - Introduced version - Bill Text

89R867 SCL-F

By: Vasut

H.B. No. 3964

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 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, 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 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.