Sec. 433.099. INJUNCTION. (a) If it appears that a person has violated or is violating this chapter or a rule adopted under this chapter, the department may request the attorney general or the district attorney or county attorney in the jurisdiction where the violation is alleged to have occurred, is occurring, or may occur to institute a civil suit for:
(1) an order enjoining the violation; or
(2) a permanent or temporary injunction, a temporary restraining order, or other appropriate remedy, if the department shows that the person has engaged in or is engaging in a violation.
(b) Venue for a suit brought under this section is in the county in which the violation occurred or in Travis County.
(c) The department or the attorney general may recover reasonable expenses incurred in obtaining injunctive relief under this section, including investigation and court costs, reasonable attorney's fees, witness fees, and other expenses. The expenses recovered by the department under this section may be used for the administration and enforcement of this chapter. The expenses recovered by the attorney general may be used by the attorney general for any purpose.
Added by Acts 2001, 77th Leg., ch. 730, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1073, eff. April 2, 2015.
Structure Texas Statutes
Title 6 - Food, Drugs, Alcohol, and Hazardous Substances
Subtitle A - Food and Drug Health Regulations
Chapter 433 - Texas Meat and Poultry Inspection Act
Section 433.081. General Criminal Penalty
Section 433.0815. Interference With Inspection; Criminal Penalties
Section 433.082. Jurisdiction for Violation
Section 433.083. Investigation by Department
Section 433.084. Evidence and Testimony
Section 433.085. Report to Department
Section 433.086. Mandamus to Compel Compliance
Section 433.088. Compensation of Witness or Reporter
Section 433.091. False Report; Failure to Report; Criminal Penalty
Section 433.092. Failure to Report; Civil Penalty
Section 433.093. Unlawful Disclosure; Criminal Penalty
Section 433.094. Administrative Penalty
Section 433.095. Administrative Penalty Assessment Procedure
Section 433.096. Payment of Administrative Penalty
Section 433.097. Refund of Administrative Penalty
Section 433.098. Recovery of Administrative Penalty by Attorney General
Section 433.100. Emergency Withdrawal of Mark or Suspension of Inspection Services