Texas Health and Safety Code 251.063 – Injunction
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(a) The department may petition a district court for a temporary restraining order to restrain a continuing violation of this chapter or a rule adopted under this chapter if the department finds that the violation creates an immediate threat to the health and safety of patients of an end stage renal disease facility.
(b) A district court, on petition of the department and on a finding that a person is violating this chapter or a rule adopted under this chapter, may by injunction:
(1) prohibit a person from continuing the violation;
(2) restrain or prevent the operation of an end stage renal disease facility without a license issued under this chapter; or
(3) grant other injunctive relief warranted by the facts.
Terms Used In Texas Health and Safety Code 251.063
- 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
- Rule: includes regulation. 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 may 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 end stage renal disease facility is located or in Travis County.