(a) The attorney general, at the request of the department regarding an activity under its jurisdiction, shall institute an action in a district court in Travis County or in any county in which a violation occurs or is about to occur if in the department’s judgment a person has engaged in or is about to engage in an act or practice that violates or will violate this chapter, a rule adopted by the executive commissioner under this chapter, or a license, registration, or order issued by the department under this chapter. The attorney general may determine the court in which suit will be instituted.
(b) The attorney general may petition the court for:
(1) an order enjoining the act or practice or an order directing compliance and reimbursement of the perpetual care account, if applicable;
(2) civil penalties as provided by § 401.381; or
(3) a permanent or temporary injunction, restraining order, or other appropriate order if the department shows that the person engaged in or is about to engage in any of the acts or practices.

Terms Used In Texas Health and Safety Code 401.342

  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • 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
  Previous section
Next section  
 Subchapter I Contents