Texas Health and Safety Code 252.062 – Injunction
(a) The department may petition a district court for a temporary restraining order to restrain a person from continuing a violation of the standards prescribed by this chapter if the department finds that the violation creates an immediate threat to the health and safety of the facility’s residents.
(b) A district court, on petition of the department, may by injunction:
(1) prohibit a person from continuing a violation of the standards or licensing requirements prescribed by this chapter;
(2) restrain or prevent the establishment, conduct, management, or operation of a facility without a license issued under this chapter; or
(3) grant the injunctive relief warranted by the facts on a finding by the court that a person is violating the standards or licensing requirements prescribed by this chapter.
Terms Used In Texas Health and Safety Code 252.062
- 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.
(c) The attorney general, on request by the department, shall bring and conduct on behalf of the state a suit authorized by this section.
(d) A suit for a temporary restraining order or other injunctive relief must be brought in Travis County or the county in which the alleged violation occurs.