Senate Bill No. 779 introduces a new chapter, Chapter 100C, to the Civil Practice and Remedies Code, which specifically addresses civil actions related to public nuisance claims in Texas. The bill defines a "public nuisance claim" as a civil action brought by a private party or political subdivision seeking damages, abatement, or other relief for a public nuisance under common law. It establishes limitations on such claims, stating that they are not cognizable if they arise from actions or conditions authorized by government regulations, if a statutory cause of action already exists, or if they pertain to product-related issues. Additionally, the bill clarifies that aggregating multiple individual injuries or private nuisances does not constitute a public nuisance.

The bill also stipulates that it will take precedence over common law in cases of conflict, while still supplementing it in other respects. It specifies that the provisions of Chapter 100C will apply only to actions filed on or after the effective date of the Act. The Act is set to take effect immediately upon receiving a two-thirds vote from both houses of the legislature, or on September 1, 2025, if such a vote is not achieved.

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