Tex.
Health & Safety Code Section 466.042
Injunction
(a)
The department may request the attorney general or a district, county, or municipal attorney to petition the district court for a temporary restraining order to restrain:(1)
a continuing violation of this chapter, a rule adopted under this chapter, or an order or permit issued under this chapter; or(2)
a threat of a continuing violation of this chapter, a rule, or an order or permit.(b)
To request a temporary restraining order, the department must find that a person has violated, is violating, or is threatening to violate this chapter, a rule adopted under this chapter, or an order or permit issued under this chapter and:(1)
the violation or threatened violation creates an immediate threat to the health and safety of the public; or(2)
there is reasonable cause to believe that the permit holder or the staff of the permit holder is party to the diversion of a narcotic drug or drugs in violation of Chapter 481 (Texas Controlled Substances Act).(c)
On finding by the court that a person is violating or threatening to violate this chapter, a rule adopted under this chapter, or an order or permit issued under this chapter, the court shall grant the injunctive relief warranted by the facts.(d)
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.
Source:
Section 466.042 — Injunction, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.466.htm#466.042 (accessed Apr. 29, 2024).
