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Texas Statutes (Last Updated: January 4, 2014) |
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OCCUPATIONS CODE |
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Title 6. REGULATION OF ENGINEERING, ARCHITECTURE, LAND SURVEYING, AND RELATED PRACTICES |
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Subtitle A. REGULATION OF ENGINEERING AND RELATED PRACTICES |
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Chapter 1001. ENGINEERS |
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Subchapter L. OTHER PENALTIES AND ENFORCEMENT PROVISIONS |
Sec. 1001.551. INJUNCTION
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(a) In addition to any other action authorized by law, the board may bring an action in the board's name to enjoin a person from violating this chapter or a board rule.
(b) An action under this section must be brought in a district court of Travis County.
(c) To sustain an action under this section, the board is not required to allege or prove that:
(1) an adequate remedy at law does not exist; or
(2) substantial or irreparable damage would result from the continued violation.
(d) In an action for an injunction under this section, the defendant may assert and prove as a complete defense to the action that the board deprived the defendant of a license by a board action or proceeding that was:
(1) arbitrary or capricious;
(2) contrary to law; or
(3) conducted without due process of law.
(e) Either party to an action under this section may appeal to the appellate court with jurisdiction of the action.