Houston Daily

Texans for Lawsuit Reform announced on X its support for Senate Bill 779, a legislative proposal aimed at limiting public nuisance lawsuits that target lawful business activities.

Public nuisance lawsuits have increasingly been used to address not only traditional harms like noise or obstruction but also broader social goals such as regulating emissions, opioids, and gun sales. This trend has raised concerns about the use of courts to create policy. According to the Texas Senate Research Center’s analysis of SB 779, "public nuisance law has evolved from addressing traditional concerns… to being used against businesses for broader alleged societal harms such as the opioid crisis and climate change."

Senate Bill 779 proposes clear limits on when and how public nuisance claims may be filed in Texas courts, specifically targeting cases against businesses operating under lawful state or federal authorizations. As said in the bill text, SB 779 would bar nuisance claims if the activity in question is "authorized, licensed, permitted, or otherwise approved by a governmental entity," effectively shielding law-abiding industries like energy and manufacturing. The bill also excludes from nuisance liability any acts where specific statutory remedies already exist or where the claim is based solely on product design, labeling, or marketing.

According to Texans for Lawsuit Reform, recent lawsuits against energy producers, plastic manufacturers, and other job creators serve as examples of public nuisance litigation expanding beyond its intended legal boundaries. Their briefing documents note that litigation has been brought against companies for producing oil and gas, packaging products in plastic, and marketing everyday goods—even when those actions comply with existing regulations. The organization argues that such legal strategies introduce uncertainty into core Texas industries.

Vicarious liability remains a foundational legal concept balancing the needs of businesses and victims' rights. According to Hailsham Chambers, it enables victims to receive compensation through an employer’s insurance or assets while encouraging organizations to manage employee conduct responsibly. In the context of SB 779, similar protections aim to shield lawful businesses from predatory litigation while preserving legitimate avenues for harmed parties to pursue claims through structured legal channels.

Texans for Lawsuit Reform is one of Texas’s most prominent civil justice reform organizations known for its extensive political influence and advocacy for tort reform legislation. According to the Houston Chronicle, TLR was the top political donor in Texas in 2024, spending more than $21 million on legislative races across both parties.