Texas Health and Safety Code 247.044 – 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:
(1) the violation creates an immediate threat to the health and safety of the assisted living facility residents; or
(2) the facility is operating without a license.
(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 the establishment or operation of an assisted living facility 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 247.044
- 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 department may petition a district court for a temporary restraining order to inspect a facility allegedly required to be licensed and operating without a license when admission to the facility cannot be obtained. If it is shown that admission to the facility cannot be obtained, the court shall order the facility to allow the department admission to the facility.
(d) The attorney general or local prosecuting attorney may institute and conduct a suit authorized by this section at the request of the department.
(e) Venue for a suit brought under this section is in the county in which the assisted living facility is located or in Travis County.