Texas Occupations Code 1101.752 – Additional Injunctive Authority
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(a) In addition to any other action authorized by law, the commission, acting through the attorney general, may bring an action to abate a violation or enjoin a violation or potential violation of this chapter or a commission rule if the commission determines that a person has violated or is about to violate this chapter.
(b) The action shall be brought in the name of the state in the district court in the county in which:
(1) the violation occurred or is about to occur; or
(2) the defendant resides.
Terms Used In Texas Occupations Code 1101.752
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Rule: includes regulation. See Texas Government Code 311.005
(c) An injunctive action may be brought to abate or temporarily or permanently enjoin an act or to enforce this chapter.
(d) The commission is not required to give a bond in an action under Subsection (a), and court costs may not be recovered from the commission.
(e) If the commission determines that a person has violated or is about to violate this chapter, the attorney general or the county attorney or district attorney in the county in which the violation has occurred or is about to occur or in the county of the defendant’s residence may bring an action in the name of the state in the district court of the county to abate or temporarily or permanently enjoin the violation or to enforce this chapter. The plaintiff in an action under this subsection is not required to give a bond, and court costs may not be recovered from the plaintiff.