Section 466.042 - Injunction(a) The department 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 department 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.Tex. Health and Safety Code § 466.042
Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 1,Sec. 3.1220, eff. 4/2/2015.Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 193, eff. 9/1/1991.