Texas Civil Justice League
HEARING ALERT
Please attend the hearing or send someone to and sign a card FOR HB 1561 and HB 1372.
Texas residents who wish to electronically submit comments related to agenda items on this notice without testifying in person can do so until the hearing is adjourned by visiting: https://comments.house.texas.gov/home?c=c330
Texas House Judiciary & Civil Jurisprudence
Wednesday, March 15, 2023
8:00a, E2.016
FULL AGENDA
Permissive Appeals
HB 1561 by Smithee /SB 1603 by Hughes
TCJL 1 pager on HB 1561
Relating to the decision of a court of appeals not to accept certain interlocutory appeals.
This TCJL priority bill amends § 51.014, CPRC, to require a court of appeals to state the specific reason for declining to accept a permissive appeal. Provides that the supreme court may review a court’s decision not to accept the appeal under an abuse of discretion standard.
Public Nuisance
HB 1372 by Harris | Capriglione | Frazier | Lopez, Janie | Orr | Rogers | Shine | Spiller | Thimesch
Relating to the tort of public nuisance.
Adds Chapter 100C, CPRC, to limit the cause of action for public nuisance. Excludes the following claims, actions, or conditions from giving rise to a public nuisance cause of action: (1) an action or condition authorized, approved, or mandated by a court order; (2) an action or condition authorized, approved, or mandated by a statute, ordinance, regulation, permit, order, rule, or other measure issued, adopted, promulgated, or approved by the federal government, a federal agency, a state, a state agency, or a political subdivision; (3) a claim based on the manufacturing, distribution, selling, labeling, or marketing of a product, regardless of whether the product is defective; or (5) any other claim, action, or condition determined by common law not to constitute or give rise to a cause of action for public nuisance. Prohibits a governmental entity from recovering economic, noneconomic, or exemplary damages in a public nuisance action. Provides that a financial expenditure made by a governmental entity related to the remediation, abatement, or injunction of an unlawful condition does not constitute an injury sufficient to confer standing to file or maintain a public nuisance action. Allows an individual to bring a public nuisance action only for compensatory damages for an injury caused to the individual that is different in kind, not just in degree, from an injury suffered by the public. Bars a public nuisance action for interference with the use or damage to public land, air, or water with only personal, spiritual, cultural, or emotional significance to the individual. Bars the aggregation of private nuisance claims to produce a violation of established public rights.
