Texas Health and Safety Code 436.026 – Violation; Injunction
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(a) The department or a health authority may petition the district court for a temporary restraining order to restrain a continuing violation or a threat of a continuing violation of § 436.011 if the department or health authority believes that:
(1) a person has violated, is violating, or is threatening to violate a provision of § 436.011; and
(2) the violation or threatened violation creates an immediate threat to the health and safety of the public.
(b) If the court finds that a person is violating or threatening to violate § 436.011, the court shall grant injunctive relief.
Terms Used In Texas Health and Safety Code 436.026
- 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.
- Venue: The geographical location in which a case is tried.
(c) 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.