Sec. 103.0091. INJUNCTION. (a) The department may petition a district court for a temporary restraining order to restrain a continuing violation of the standards or licensing requirements provided under this chapter if the department finds that the violation creates an immediate threat to the health and safety of the day activity and health services facility residents.
(b) A district court, on petition of the department and on a finding by the court that a person is violating the standards or licensing requirements provided under this chapter, may by injunction:
(1) prohibit a person from continuing a violation of the standards or licensing requirements provided under this chapter;
(2) restrain or prevent the establishment or operation of a facility without a license issued under this chapter; or
(3) grant any other injunctive relief warranted by the facts.
(c) The attorney general may institute and conduct a suit authorized by this section at the request of the department.
(d) Venue for a suit brought under this section is in the county in which the facility is located or in Travis County.
Added by Acts 1993, 73rd Leg., ch. 434, Sec. 1, eff. Jan. 1, 1994. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 8.107, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1231 (S.B. 1999), Sec. 12, eff. June 19, 2015.
Structure Texas Statutes
Title 6 - Services for the Elderly
Chapter 103 - Day Activity and Health Services
Section 103.004. Department and Executive Commissioner Duties
Section 103.0041. License Required
Section 103.005. Licensing Duties
Section 103.007. License Application
Section 103.0075. Early Compliance Review
Section 103.009. License Denial, Suspension, or Revocation
Section 103.0092. Emergency Suspension and Closing Order
Section 103.010. Disposition of Funds
Section 103.011. Rights of the Elderly
Section 103.012. Administrative Penalty
Section 103.013. Right to Correct Before Imposition of Administrative Penalty
Section 103.014. Report Recommending Administrative Penalty; Notice
Section 103.015. Administrative Penalty Hearing
Section 103.016. Notice and Payment of Administrative Penalty; Interest; Refund