§ 431.047 Violation; Injunction

Codes > Texas Statutes and Codes > Health and : Title 6 > Subtitle A : Chapter 431 > Subchapter C : 431.047

§ 431.047. Violation; Injunction

    (a) The commissioner, an authorized agent, or a health authority may petition the district court for a temporary restraining order to restrain a continuing violation of Subchapter B [FN1] or a threat of a continuing violation of Subchapter B if the commissioner, authorized agent, or health authority finds that:

        (1) a person has violated, is violating, or is threatening to violate Subchapter B; and

        (2) the violation or threatened violation creates an immediate threat to the health and safety of the public.

    (b) A district court, on petition of the commissioner, an authorized agent, or a health authority, and on a finding by the court that a person is violating or threatening to violate Subchapter B shall grant any injunctive relief warranted by the facts.

    (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.

    (d) The commissioner and the attorney general may each recover reasonable expenses incurred in obtaining injunctive relief under this section, including investigative costs, court costs, reasonable attorney fees, witness fees, and deposition expenses. The expenses recovered by the commissioner are hereby appropriated to the department for the administration and enforcement of this chapter. The expenses recovered by the attorney general are hereby appropriated to the attorney general.

    [FN1] V.T.C.A., Health & Safety Code § 431.021.