Sec. 242.063. INJUNCTION. (a) The department may petition a district court for:
(1) a temporary restraining order to restrain a person from a violation or threatened violation of the standards imposed under this chapter or any other law affecting residents if the department reasonably believes that the violation or threatened violation creates an immediate threat to the health and safety of a resident; and
(2) an injunction to restrain a person from a violation or threatened violation of the standards imposed under this chapter or by any other law affecting residents if the department reasonably believes that the violation or threatened violation creates a threat to the health and safety of a resident.
(b) A district court, on petition of the department, may by injunction:
(1) prohibit a person from violating the standards or licensing requirements prescribed by this chapter;
(2) restrain or prevent the establishment, conduct, management, or operation of an institution without a license issued under this chapter; or
(3) grant the injunctive relief warranted by the facts on a finding by the court that a person is violating or threatening to violate the standards or licensing requirements prescribed by this chapter.
(c) The attorney general, on request by the department, shall institute and conduct in the name of the state a suit authorized by this section or Subchapter D.
(d) A suit for a temporary restraining order or other injunctive relief must be brought in the county in which the alleged violation occurs.
(e) Repealed by Acts 2003, 78th Leg., ch. 198, Sec. 2.58(b).
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1997, 75th Leg., ch. 1159, Sec. 1.14, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 198, Sec. 2.58(a), (b), eff. Sept. 1, 2003.
Structure Texas Statutes
Subtitle B - Licensing of Health Facilities
Chapter 242 - Convalescent and Nursing Facilities and Related Institutions
Subchapter C. General Enforcement
Section 242.061. Denial, Suspension, or Revocation of License
Section 242.062. Emergency Suspension or Closing Order
Section 242.064. License Requirement; Criminal Penalty
Section 242.065. Civil Penalty
Section 242.066. Administrative Penalty
Section 242.0663. Violation of Law Relating to Advance Directives
Section 242.0665. Right to Correct
Section 242.067. Report Recommending Administrative Penalty
Section 242.068. Hearings on Administrative Penalties
Section 242.069. Notice and Payment of Administrative Penalty; Interest; Refund
Section 242.0695. Use of Administrative Penalty
Section 242.070. Application of Other Law
Section 242.071. Amelioration of Violation
Section 242.072. Other Remedies
Section 242.073. Legal Action by the Attorney General
Section 242.074. Notification of Change in Financial Condition