Texas Natural Resources Code 134.182 – Citizen Suit
(a) Except as provided by Subsection (d), an affected person may bring a civil action to compel compliance with this chapter against:
(1) the commission if the person alleges the commission did not perform a nondiscretionary act under this chapter;
(2) a state governmental instrumentality or agency if the person alleges the instrumentality or agency is violating this chapter or a rule, order, or permit adopted or issued under this chapter; or
(3) any other person if the person alleges the other person is violating a rule, order, or permit adopted or issued under this chapter.
(b) A person who is injured or whose property is damaged by a permit holder’s violation of a rule, order, or permit adopted or issued under this chapter may bring an action for damages, including reasonable attorney’s and expert witness’s fees.
Terms Used In Texas Natural Resources Code 134.182
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Property: means real and personal property. See Texas Government Code 311.005
- Rule: includes regulation. See Texas Government Code 311.005
(c) Subsection (b) does not affect the rights established by or limits imposed under the workers’ compensation laws of this state.
(d) A person may not bring an action under Subsection (a)(2) or (3) if the state has brought and is diligently prosecuting a civil action in state or federal court to require compliance with this chapter or a rule, order, or permit adopted or issued under this chapter.