Sec. 437.0155. DEPARTMENT INJUNCTION. (a) If it appears that a person has violated, is violating, or threatens to violate this chapter or a rule adopted under this chapter, the department may institute a civil suit in a district court for injunctive relief to restrain the person from continuing the violation or threat of violation.
(b) The department may petition a district court for a temporary restraining order to immediately halt a violation or other action creating an emergency condition if it appears that:
(1) a person is violating or threatening to violate this chapter or a rule or order adopted under this chapter; and
(2) the violation or threatened violation creates an immediate threat to the health and safety of the public.
(c) On the department's request, the attorney general shall institute a suit in the name of the state for injunctive relief.
(d) In an action for injunctive relief under this section, the court may grant any prohibitory or mandatory injunction warranted by the facts, including temporary restraining orders, temporary injunctions, and permanent injunctions. The court shall grant injunctive relief without a bond or other undertaking by the department.
(e) Venue for a suit brought under this section is in the county in which the violation or threat of violation is alleged to have occurred.
Added by Acts 1999, 76th Leg., ch. 448, Sec. 1, eff. Sept. 1, 1999.
Structure Texas Statutes
Title 6 - Food, Drugs, Alcohol, and Hazardous Substances
Subtitle A - Food and Drug Health Regulations
Section 437.002. Enforcement of State Law by County or Public Health District
Section 437.003. County Authority to Require Permit
Section 437.004. Public Health District Authority to Require Permit
Section 437.005. Public Hearing
Section 437.0056. Rulemaking Authority
Section 437.006. More Than One Permit Prohibited
Section 437.0065. Permits for Certain Farmers and Food Producers
Section 437.007. Nonprofit Organizations Exempt
Section 437.0073. Medallion for Mobile Food Units in Certain Populous Municipalities
Section 437.0074. Mobile Food Units in Certain Populous Counties
Section 437.0075. Food Managers in Certain Populous Counties
Section 437.0076. Certified Food Manager
Section 437.008. Permit Renewal
Section 437.010. Submission of Plans and Subsequent Inspection
Section 437.011. Inspection of Existing Entities on Adoption of Order
Section 437.012. County and Public Health District Fees
Section 437.0123. County and Public Health District Fees in Certain Populous Counties
Section 437.0124. County and Public Health District Fee Schedule
Section 437.0125. Department Fees
Section 437.013. Audited Statement
Section 437.014. Denial, Suspension, or Revocation of Permit
Section 437.0145. Emergency Suspension or Closing Order
Section 437.0155. Department Injunction
Section 437.0165. Criminal Penalty: Violation of Department Permit Requirement
Section 437.017. Conflict With Alcoholic Beverage Code
Section 437.018. Administrative Penalty
Section 437.0185. Administrative Penalty by Public Health District or County
Section 437.0186. Assessment of Administrative Penalty
Section 437.019. Exemption for Certain Bed and Breakfast Establishments
Section 437.0191. Exemption for Cottage Food Production Operations
Section 437.0193. Packaging and Labeling Requirements for Cottage Food Production Operations
Section 437.0194. Certain Sales by Cottage Food Production Operations Prohibited or Restricted
Section 437.0195. Production of Cottage Food Products
Section 437.01951. Requirements for Sale of Certain Cottage Foods
Section 437.01952. Requirements for Sale of Frozen Fruit or Vegetables
Section 437.0197. Exemption for Small Honey Production Operation
Section 437.0198. Regulation of Small Honey Production Operation Prohibited
Section 437.0199. Labeling Requirements for Small Honey Production Operation
Section 437.020. Regulation of Food Samples at Farms and Farmers' Markets
Section 437.0201. Regulation of Food at Farmers' Markets Under Temporary Food Establishment Permits
Section 437.0202. Temperature Requirements for Food at Farmers' Markets
Section 437.0203. Regulation of Cooking Demonstrations at Farmers' Markets
Section 437.021. Authority to Operate on Certain Property
Section 437.023. Service Animals
Section 437.025. Requirements for Dogs in Outdoor Dining Areas; Municipal Preemption
Section 437.026. Sale of Certain Food by Food Service Establishment