§ 437.0155 — DEPARTMENT INJUNCTION.

Texas § 437.0155

• Jurisdiction: Texas
• Code HS: Health and Safety Code

Text

Sec. 437.0155. DEPARTMENT INJUNCTION. (a) If it appears that a person has violated, is violating, or threatens to violate this chapter or a rule adopted under this chapter, the department may institute a civil suit in a district court for injunctive relief to restrain the person from continuing the violation or threat of violation.
(b) The department may petition a district court for a temporary restraining order to immediately halt a violation or other action creating an emergency condition if it appears that:
(1) a person is violating or threatening to violate this chapter or a rule or order adopted under this chapter; and
(2) the violation or threatened violation creates an immediate threat to the health and safety of the public.
(c) On the department's request, the attorney general shall institute a suit in the name of the state for injunctive relief.
(d) In an action for injunctive relief under this section, the court may grant any prohibitory or mandatory injunction warranted by the facts, including temporary restraining orders, temporary injunctions, and permanent injunctions. The court shall grant injunctive relief without a bond or other undertaking by the department.
(e) Venue for a suit brought under this section is in the county in which the violation or threat of violation is alleged to have occurred.

Legislative History

Added by Acts 1999, 76th Leg., ch. 448, Sec. 1, eff. Sept. 1, 1999.