Texas Finance Code - Section 151.701. Injunctive Relief
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§ 151.701. INJUNCTIVE RELIEF. (a) Whenever it appears
that a person has violated, or that reasonable cause exists to
believe that a person is likely to violate, this chapter or a rule
adopted under this chapter, the following persons may bring an
action for injunctive relief to enjoin the violation or enforce
compliance with the provision:
(1) the commissioner, through the attorney general;
(2) the attorney general;
(3) the district attorney of Travis County; or
(4) the prosecuting attorney of the county in which
the violation is alleged to have occurred.
(b) In addition to the authority granted to the commissioner
under Subsection (a), the commissioner, through the attorney
general, may bring an action for injunctive relief if the
commissioner has reason to believe that a person has violated or is
likely to violate an order of the commissioner issued under this
chapter.
(c) An action for injunctive relief brought by the
commissioner, the attorney general, or the district attorney of
Travis County under Subsection (a), or brought by the commissioner
under Subsection (b), must be brought in a district court in Travis
County. An action brought by a prosecuting attorney under
Subsection (a)(4) must be brought in a district court in the county
in which all or part of the violation is alleged to have occurred.
(d) On a proper showing, the court may issue a restraining
order, an order freezing assets, a preliminary or permanent
injunction, or a writ of mandate, or may appoint a receiver for the
defendant or the defendant's assets.
(e) A receiver appointed by the court under Subsection (d)
may, with approval of the court, exercise all of the powers of the
defendant's directors, officers, partners, trustees, or persons
who exercise similar powers and perform similar duties.
(f) An action brought under this section may include a claim
for ancillary relief, including a claim by the commissioner for
costs or civil penalties authorized under this chapter, or for
restitution or damages on behalf of the persons injured by the act
constituting the subject matter of the action, and the court has
jurisdiction to award that relief.
Added by Acts 2005, 79th Leg., ch. 1099, § 1, eff. Sept. 1, 2005.
Section: 151.506 151.601 151.602 151.603 151.604 151.605 151.606 151.701 151.702 151.703 151.704 151.705 151.706 151.707 151.708
Last modified: August 10, 2007
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