(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.