Sec. 7.032. INJUNCTIVE RELIEF. (a) The executive director may enforce a commission rule or a provision of a permit issued by the commission by injunction or other appropriate remedy.
(b) If it appears that a violation or threat of violation of a statute within the commission's jurisdiction or a rule adopted or an order or a permit issued under such a statute has occurred or is about to occur, the executive director may have a suit instituted in district court for injunctive relief to restrain the violation or threat of violation.
(c) The suit may be brought in the county in which the defendant resides or in the county in which the violation or threat of violation occurs.
(d) In a suit brought under this section to enjoin a violation or threat of violation described by Subsection (b), the court may grant the commission, without bond or other undertaking, any prohibitory or mandatory injunction the facts may warrant, including a temporary restraining order and, after notice and hearing, a temporary injunction or permanent injunction.
(e) On request of the executive director, the attorney general or the prosecuting attorney in a county in which the violation occurs shall initiate a suit in the name of the state for injunctive relief. The suit may be brought independently of or in conjunction with a suit under Subchapter D.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.
Structure Texas Statutes
Title 2 - Water Administration
Subtitle A - Executive Agencies
Subchapter B. Corrective Action and Injunctive Relief
Section 7.031. Corrective Action Relating to Hazardous Waste
Section 7.032. Injunctive Relief
Section 7.033. Recovery of Security for Chapter 401, Health and Safety Code, Violation
Section 7.034. Deferral of Penalty for Certain Utility Facilities
Section 7.035. Injunction and Enforcement Relating to Certain Treatment Facilities