The remedies under Texas Natural Resources Code § 51.302 and § 51.3021 are cumulative and not exclusive. The Texas Natural Resources Code does not require exhaustion of administrative remedies as a condition precedent to any other remedy, nor does it prohibit any person from bringing an action at common law or under any other law consistent with Texas Natural Resources Code § 51.302 and § 51.3021. No such action shall collaterally estop or bar the commissioner in any proceeding under this chapter or under the Texas Natural Resources Code.
31 Tex. Admin. Code § 17.50