| Vote Recommendation | Economic Freedom | Property Rights | Personal Responsibility | Limited Government | Individual Liberty |
|---|---|---|---|---|---|
| Yes | Positive | Neutral | Neutral | Positive | Positive |
Relating to the tort of public nuisance.
No significant fiscal implication to the State is anticipated.
HB 2144 would make significant changes to laws regarding
public nuisance lawsuits. It would permit a person to be held liable for a public
nuisance only when they cause an unlawful condition that violates an
established public right, such as the use of public land, water, or air.
Activity expressly authorized by statute or rule and the lawful manufacturing,
selling, or advertising of a lawful product would be exempt from public
nuisance liability. To file a public nuisance suit, the state or a political
subdivision of the state would have to have a substantial ownership interest in
the real property or waterway to which the suit applies.
HB 2144 would only permit a private citizen to file a public
nuisance suit if they can show, by clear and convincing evidence, that they
have suffered a special injury, defined as different in kind and degree to any
injury to the public at large. Damage to public land, air, or water with only
personal, spiritual, or cultural significance would not be considered eligible
for liability. Remedies for successful public nuisance suits would be limited
to injunctive relief and monetary resources necessary only to abate the public
nuisance, excluding any amount of damages.
Texas Action supports HB 2144 because it would advance individual liberty, free markets, and limited government. Public nuisance litigation should be limited to conduct that violates a clearly established public right. Courts awarding huge damages for public nuisance suits that do not cover established public rights hinders the ability of Texas businesses to operate without fear of excessive liability. HB 2144 would limit public nuisance suits to their proper role, preventing frivolous litigation.