AUSTIN - A bill seeking to rein in the asserted misuse of public nuisance litigation has been making its way through the Texas Legislature this session.
Relating to the tort of public nuisance, House Bill 1372 was introduced by Rep. Cody Harris and co-authored by multiple representatives.
Traditionally, public nuisance lawsuits were meant to address problems like blocked roads or rivers. However, from opioid to climate change, the theory is now used to start waves of litigation that spread from state to state.
More recently, some municipalities have begun to sue vehicle manufacturers over rising car thefts, alleging the cars they make are too easy to steal.
Proponents of HB 1372 argue the bill would protect Texas businesses from the misuse of public nuisance litigation.
If enacted, HB 1372 would limit public nuisance actions, including those that claim a product endangers the health and safety of the public.
During a hearing on the bill last month, Rep. Harris said the bill prevents the erosion of the legislature’s role to act as policymakers.