Texas Government Code 4007.152 – Injunctive Relief
(a) The commissioner may request the attorney general to bring an action as provided by this section against a person or company if it appears to the commissioner, on complaint or otherwise, that the person or company:
(1) has engaged, is engaging, or is about to engage in fraud or a fraudulent practice in connection with the sale of a security;
(2) has engaged, is engaging, or is about to engage in fraud or a fraudulent practice in rendering services as an investment adviser or investment adviser representative;
(3) has made an offer containing a statement that is materially misleading or is otherwise likely to deceive the public; or
(4) has engaged, is engaging, or is about to engage in an act or practice that violates this title or a board rule or order.
(b) On the commissioner’s request under Subsection (a), the attorney general, in addition to other remedies, may bring an action in the name and on behalf of the state:
(1) against:
(A) a person or company described by Subsection (a);
(B) any person who, with intent to deceive or defraud or with reckless disregard for the truth or the law, has materially aided, is materially aiding, or is about to materially aid the person or company; and
(C) any other person concerned with or in any manner participating in or about to participate in the acts or practices described by Subsection (a); and
(2) to enjoin the person or company and any other person described by Subdivision (1) from continuing the acts or practices that are the subject of the action for injunctive relief or from doing any act to further the acts or practices.
Terms Used In Texas Government Code 4007.152
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Rule: includes regulation. See Texas Government Code 311.005
- Subpoena: A command to a witness to appear and give testimony.
- Testify: Answer questions in court.
- Venue: The geographical location in which a case is tried.
(c) The facts contained in an application for injunctive relief must be verified by the commissioner on information and belief.
(d) The attorney general may apply for and, on proper showing, is entitled to have a subpoena issued by the court that requires:
(1) the appearance, without delay, of a defendant and any employee or agent of the defendant to testify and give evidence concerning the acts, conduct, or other matters complained about in the application for injunctive relief; and
(2) the production of documents, books, and records that may be necessary for the hearing on the action.
(e) A district court in any county in which it is shown that the acts that are the subject of the application for injunctive relief have been or are about to be committed or a district court in Travis County has jurisdiction and venue of an action brought under this section. This subsection is superior to any provision establishing jurisdiction or venue with regard to an action for an injunction.
(f) The commissioner or attorney general shall not be required to give a bond for injunction in an action brought under this section.