Texas Occupations Code 301.551 – Injunction
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(a) In addition to any other action authorized by law, the board may institute an action in its name to enjoin a violation of this chapter or a board rule.
(b) To obtain an injunction under this section, it is not necessary to allege or prove that:
(1) an adequate remedy at law does not exist; or
(2) substantial or irreparable damage would result from the continued violation.
Terms Used In Texas Occupations Code 301.551
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Rule: includes regulation. See Texas Government Code 311.005
(c) Notwithstanding Subsection (b), in a proceeding for an injunction under Subsection (a), the defendant may assert and prove as a complete defense to the action that the board’s actions or proceedings were:
(1) arbitrary or capricious;
(2) contrary to legal requirements; or
(3) conducted without due process of law.
(d) Either party to an action under Subsection (a) may appeal. The board is not required to give an appeal bond in a cause arising under this section.