1. (a) Except as provided by Subsection (d), an affected person may bring a civil action to compel compliance with this chapter against:

   1. (1) the commission if the person alleges the commission did not perform a nondiscretionary act under this chapter;
   2. (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. (3) any other person if the person alleges the other person is violating a rule, order, or permit adopted or issued under this chapter.
2. (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.
3. (c) Subsection (b) does not affect the rights established by or limits imposed under the workers' compensation laws of this state.
4. (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.