Texas Health and Safety Code 243.012 – Injunction
(a) The department may petition a district court for a temporary restraining order to restrain a continuing violation of the standards or licensing requirements provided under this chapter if the department finds that the violation creates an immediate threat to the health and safety of the patients of an ambulatory surgical center.
(b) A district court, on petition of the department and on a finding by the court that a person is violating the standards or licensing requirements provided under this chapter, may by injunction:
(1) prohibit a person from continuing a violation of the standards or licensing requirements provided under this chapter;
(2) restrain or prevent the establishment or operation of an ambulatory surgical center without a license issued under this chapter; or
(3) grant any other injunctive relief warranted by the facts.
Terms Used In Texas Health and Safety Code 243.012
- 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.
- Venue: The geographical location in which a case is tried.
(c) The attorney general shall institute and conduct a suit authorized by this section at the request of the department.
(d) Venue for a suit brought under this section is in the county in which the ambulatory surgical center is located or in Travis County.