Sec. 1001.551. INJUNCTION. (a) In addition to any other action authorized by law, the board may bring an action in the board's name to enjoin a person from violating this chapter or Chapter 1071 or a board rule adopted under this chapter or Chapter 1071.
(b) An action under this section must be brought in a district court of Travis County.
(c) To sustain an action under this section, the board is not required to allege or prove that:
(1) an adequate remedy at law does not exist; or
(2) substantial or irreparable damage would result from the continued violation.
(d) In an action for an injunction under this section, the defendant may assert and prove as a complete defense to the action that the board deprived the defendant of a license, certificate, or registration by a board action or proceeding that was:
(1) arbitrary or capricious;
(2) contrary to law; or
(3) conducted without due process of law.
(e) Either party to an action under this section may appeal to the appellate court with jurisdiction of the action.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1232 (H.B. 1523), Sec. 1.44, eff. September 1, 2019.
Structure Texas Statutes
Title 6 - Regulation of Engineering, Architecture, Land Surveying, and Related Practices
Subtitle A - Regulation of Engineering and Related Practices
Chapter 1001 - Texas Board of Professional Engineers and Land Surveyors
Subchapter L. Other Penalties and Enforcement Provisions
Section 1001.5511. Cease and Desist Order
Section 1001.552. Criminal Penalty
Section 1001.553. Report of Violation
Section 1001.554. Presentation of Complaints by Board; Assistance at Trial
Section 1001.555. Attorney General as Legal Advisor; Representation by Attorney General