Texas Health and Safety Code 242.063 – Injunction
(a) The department may petition a district court for:
(1) a temporary restraining order to restrain a person from a violation or threatened violation of the standards imposed under this chapter or any other law affecting residents if the department reasonably believes that the violation or threatened violation creates an immediate threat to the health and safety of a resident; and
(2) an injunction to restrain a person from a violation or threatened violation of the standards imposed under this chapter or by any other law affecting residents if the department reasonably believes that the violation or threatened violation creates a threat to the health and safety of a resident.
(b) A district court, on petition of the department, may by injunction:
(1) prohibit a person from violating the standards or licensing requirements prescribed by this chapter;
(2) restrain or prevent the establishment, conduct, management, or operation of an institution without a license issued under this chapter; or
(3) grant the injunctive relief warranted by the facts on a finding by the court that a person is violating or threatening to violate the standards or licensing requirements prescribed by this chapter.
Terms Used In Texas Health and Safety Code 242.063
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- 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
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
(c) The attorney general, on request by the department, shall institute and conduct in the name of the state a suit authorized by this section or Subchapter D.
(d) A suit for a temporary restraining order or other injunctive relief must be brought in the county in which the alleged violation occurs.
(e) Repealed by Acts 2003, 78th Leg., ch. 198, Sec. 2.58(b).