(a) A district court, in an action brought in the name of the state by the state attorney general or a district or county attorney within the attorney’s respective jurisdiction, may issue a temporary restraining order, a temporary injunction, or a permanent injunction to:
(1) restrain and prevent a person from violating this subtitle or a rule adopted by the executive commissioner under this subtitle; or
(2) enforce compliance with this subtitle or a rule adopted by the executive commissioner under this subtitle.
(b) A person who violates the terms of an injunction issued under this section shall forfeit and pay to the state a civil penalty of not more than $5,000 for each violation, but not to exceed a total of $20,000.

Terms Used In Texas Health and Safety Code 591.023

  • 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.
  • 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
  • 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) In determining whether an injunction has been violated, the court shall consider the maintenance of procedures adopted to ensure compliance with the injunction.
(d) The state attorney general or the district or county attorney, acting in the name of the state, may petition the court issuing the injunction for recovery of civil penalties under this section.
(e) A civil penalty recovered under this section shall be paid to the state for use in intellectual disability services.
(f) An action filed under this section may be brought in a district court in Travis County or in the county in which the defendant resides.
(g) This section does not supersede or abrogate other remedies existing at law.

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