Sec. 252.062. INJUNCTION. (a) The department may petition a district court for a temporary restraining order to restrain a person from continuing a violation of the standards prescribed by this chapter if the department finds that the violation creates an immediate threat to the health and safety of the facility's residents.
(b) A district court, on petition of the department, may by injunction:
(1) prohibit a person from continuing a violation of the standards or licensing requirements prescribed by this chapter;
(2) restrain or prevent the establishment, conduct, management, or operation of a facility 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 the standards or licensing requirements prescribed by this chapter.
(c) The attorney general, on request by the department, shall bring and conduct on behalf of the state a suit authorized by this section.
(d) A suit for a temporary restraining order or other injunctive relief must be brought in Travis County or the county in which the alleged violation occurs.
Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 192, Sec. 1, eff. Sept. 1, 1999.
Structure Texas Statutes
Subtitle B - Licensing of Health Facilities
Chapter 252 - Intermediate Care Facilities for Individuals With an Intellectual Disability
Subchapter C. General Enforcement
Section 252.061. Emergency Suspension or Closing Order
Section 252.063. License Requirements; Criminal Penalty
Section 252.064. Civil Penalty
Section 252.065. Administrative Penalty
Section 252.0651. Application of Other Law
Section 252.066. Notice; Request for Hearing
Section 252.067. Hearing; Order
Section 252.068. Notice and Payment of Administrative Penalty; Judicial Review; Refund
Section 252.069. Use of Administrative Penalty
Section 252.070. Expenses and Costs for Collection of Civil or Administrative Penalty