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Texas Statutes (Last Updated: January 4, 2014) |
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HEALTH AND SAFETY CODE |
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Title 4. HEALTH FACILITIES |
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Subtitle B. LICENSING OF HEALTH FACILITIES |
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Chapter 242. CONVALESCENT AND NURSING HOMES AND RELATED INSTITUTIONS |
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Subchapter C. GENERAL ENFORCEMENT |
Sec. 242.063. INJUNCTION
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(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(e) Repealed by Acts 2003, 78th Leg., ch. 198, Sec. 2.58(b).