Texas Statutes
Subchapter H. Enforcement
Section 134.182. Citizen Suit

Sec. 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.
(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.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.

Structure Texas Statutes

Texas Statutes

Natural Resources Code

Title 4 - Mines and Mining

Chapter 134 - Texas Surface Coal Mining and Reclamation Act

Subchapter H. Enforcement

Section 134.161. Condition, Practice, or Violation Creating Imminent Danger or Causing Imminent Harm

Section 134.162. Violation Not Creating Imminent Danger or Causing Imminent Harm

Section 134.163. Term of Cessation Order

Section 134.164. Continuous Violation

Section 134.165. Form of Notice or Order

Section 134.166. Modification, Vacation, or Termination of Notice of Order

Section 134.167. Expiration of Notice or Order

Section 134.168. Application for Commission Review of Notice or Order

Section 134.169. Investigation and Hearing on Application for Review

Section 134.170. Commission Findings and Decision

Section 134.171. Request for Temporary Relief

Section 134.172. Assessment of Costs Incurred in Administrative Proceeding or Judicial Review

Section 134.173. Civil Action

Section 134.174. Administrative Penalty for Violation of Permit Condition of This Chapter

Section 134.175. Penalty Assessment Procedure

Section 134.176. Payment of Penalty; Refund

Section 134.177. Administrative Penalty for Failing to Correct Violation for Which Citation Has Been Issued

Section 134.178. Recovery of Administrative Penalty

Section 134.179. Criminal Penalty for Wilful and Knowing Violation

Section 134.180. Criminal Penalty for False Statement, Representation, or Certification

Section 134.181. Penalty for Director, Officer, or Agent of Corporation

Section 134.182. Citizen Suit

Section 134.183. Notice to Commission Before Bringing Suit; Suit by State

Section 134.184. Venue

Section 134.185. Intervention by Commission

Section 134.186. Costs of Suit; Filing of Bond

Section 134.187. Rights Under Other Law

Section 134.188. Defense