Sec. 7.051. ADMINISTRATIVE PENALTY. (a) The commission may assess an administrative penalty against a person as provided by this subchapter if: (1) the person violates: (A) a provision of this code or of the Health and Safety Code that is within the commission's jurisdiction; (B) a rule adopted or order issued by the commission under a statute within the commission's jurisdiction; or (C) a permit issued by the commission under a statute within the commission's jurisdiction; and (2) a county, political subdivision, or municipality has not instituted a lawsuit and is not diligently prosecuting that lawsuit under Subchapter H against the same person for the same violation. (b) This subchapter does not apply to violations of Chapter 11 , 12 , 13 , 16 , or 36 of this code, or Chapter 341 , Health and Safety Code.
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