Texas Health and Safety Code 466.042 – Injunction
(a) The department may request the attorney general or a district, county, or municipal attorney to petition the district court for a temporary restraining order to restrain:
(1) a continuing violation of this chapter, a rule adopted under this chapter, or an order or permit issued under this chapter; or
(2) a threat of a continuing violation of this chapter, a rule, or an order or permit.
(b) To request a temporary restraining order, the department must find that a person has violated, is violating, or is threatening to violate this chapter, a rule adopted under this chapter, or an order or permit issued under this chapter and:
(1) the violation or threatened violation creates an immediate threat to the health and safety of the public; or
(2) there is reasonable cause to believe that the permit holder or the staff of the permit holder is party to the diversion of a narcotic drug or drugs in violation of Chapter 481 (Texas Controlled Substances Act).
Terms Used In Texas Health and Safety Code 466.042
- 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) On finding by the court that a person is violating or threatening to violate this chapter, a rule adopted under this chapter, or an order or permit issued under this chapter, the court shall grant the injunctive relief warranted by the facts.
(d) Venue for a suit brought under this section is in the county in which the violation or threat of violation is alleged to have occurred or in Travis County.