Texas Human Resources Code 42.074 – Injunctive Relief
(a) The department may file suit in a district court in Travis County or in the county in which a facility or family home is located for assessment and recovery of a civil penalty under § 42.075, for injunctive relief, including a temporary restraining order, or for both a civil penalty and injunctive relief when it appears that a person:
(1) has violated, is violating, or is threatening to violate the licensing, certification, listing, or registration requirements of this chapter or the department’s licensing, certification, listing, or registration rules and standards; or
(2) knowingly fails to meet or maintain an exemption authorized under § 42.041 and engages in activities that require a license or registration.
(b) The district court shall grant the injunctive relief the facts may warrant.
Terms Used In Texas Human Resources Code 42.074
- 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.
- 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.
(c) At the department’s request, the attorney general or the county or district attorney of the county in which the facility or family home is located shall conduct a suit in the name of the State of Texas for injunctive relief, to recover the civil penalty, or for both injunctive relief and civil penalties as authorized by Subsection (a).
(d) Injunctive relief provided by this section is in addition to any other action, proceeding, or remedy authorized by law. It is not necessary to allege or prove in an action filed under this section that an adequate remedy at law does not exist or that substantial or irreparable harm would result from the continued violation.
(e) The department is not required to give an appeal bond in an action arising under this section.