The bill, H.B. No. 3964, introduces Chapter 100C to the Civil Practice and Remedies Code, which establishes new regulations regarding common law public nuisance claims in Texas. It defines a "public nuisance claim" as a civil action seeking damages, abatement, or other relief for a public nuisance under state common law. The bill outlines specific limitations on such claims, stating that they are not valid if they arise from actions or conditions authorized by government regulations, if there are existing statutory causes of action or enforcement mechanisms, or if they pertain to products regardless of defects. Additionally, it clarifies that aggregating individual injuries or private nuisances does not constitute a public nuisance.

Furthermore, the bill asserts that in cases of conflict between this new chapter and existing common law, the provisions of Chapter 100C will take precedence, while also serving to supplement the common law. The new regulations will apply only to actions filed on or after the effective date of the Act, which will take effect immediately if it receives a two-thirds vote from both houses of the legislature; otherwise, it will become effective on September 1, 2025.

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