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Texas Statutes (Last Updated: January 4, 2014) |
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HEALTH AND SAFETY CODE |
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Title 6. FOOD, DRUGS, ALCOHOL, AND HAZARDOUS SUBSTANCES |
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Subtitle B. ALCOHOL AND SUBSTANCE ABUSE PROGRAMS |
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Chapter 466. REGULATION OF NARCOTIC DRUG TREATMENT PROGRAMS |
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Subchapter C. ENFORCEMENT |
Sec. 466.042. INJUNCTION
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(a) The commissioner, the commissioner's designee, or an authorized agent may request the attorney general or a district, county, or municipal attorney to petition the district court for a temporary restraining order to restrain:
(1) a continuing violation of this chapter, a rule adopted under this chapter, or an order or permit issued under this chapter; or
(2) a threat of a continuing violation of this chapter, a rule, or an order or permit.
(b) To request a temporary restraining order, the commissioner, commissioner's designee, or an authorized agent must find that a person has violated, is violating, or is threatening to violate this chapter, a rule adopted under this chapter, or an order or permit issued under this chapter and:
(1) the violation or threatened violation creates an immediate threat to the health and safety of the public; or
(2) there is reasonable cause to believe that the permit holder or the staff of the permit holder is party to the diversion of a narcotic drug or drugs in violation of Chapter 481 (Texas Controlled Substances Act).
(c) On finding by the court that a person is violating or threatening to violate this chapter, a rule adopted under this chapter, or an order or permit issued under this chapter, the court shall grant the injunctive relief warranted by the facts.
(d) 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 or in Travis County.