Sec. 2301.804. SUIT FOR INJUNCTIVE RELIEF OR CIVIL PENALTY  


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  • (a) If it appears that a person has violated, is violating, or is threatening to violate this chapter or a board rule or order, the board or the director, if authorized by the board, may cause a suit to be instituted in a court for:

    (1) injunctive relief to restrain the person from committing the violation or threat of violation;

    (2) imposition of a civil penalty; or

    (3) both injunctive relief and a civil penalty.

    (b) At the request of the board or the director, if authorized by the board, the attorney general shall bring in the name of the state a suit for an injunction or a civil penalty as described by Subsection (a).

    (c) In a suit for injunctive relief under this chapter, the court shall grant, without bond or other undertaking, any prohibitory or mandatory injunction the facts warrant, including a temporary restraining order, temporary injunction, or permanent injunction.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.