Texas Health & Safety Code - Section 141.015. Civil Penalty; Injunction
Legal Research Home >
Texas Lawyer > Health & Safety Code > Texas Health & Safety Code - Section 141.015. Civil Penalty; Injunction
§ 141.015. CIVIL PENALTY; INJUNCTION. (a) A person who
violates this chapter or a rule or order adopted under this chapter
is subject to a civil penalty of not less than $50 or more than
$1,000 for each act of violation.
(b) If it appears that a person has violated, is violating,
or is threatening to violate this chapter or a rule or order adopted
under this chapter, the department may bring a civil action in a
district court for:
(1) injunctive relief to restrain the person from
continuing the violation or threat of violation;
(2) the assessment of a civil penalty; or
(3) both injunctive relief and a civil penalty.
(c) The district court, on a finding that the person is
violating this chapter or a rule or order adopted under this
chapter, shall grant the injunctive relief, assess a civil penalty,
or both, as warranted by the facts.
(d) The department may petition a district court for a
temporary restraining order to immediately halt a violation or
other action creating an emergency condition if it appears that a
person:
(1) is violating or threatening to violate this
chapter or a rule or order adopted under this chapter; or
(2) is taking any other action that creates an
emergency condition that constitutes an imminent danger to the
health, safety, or welfare of campers at a youth camp.
(e) An action for injunctive relief, recovery of a civil
penalty, or both, may be brought in the county in which the
defendant resides or in which the violation or threat of violation
occurs.
(f) In an action for injunctive relief under this section,
the court may grant any prohibitory or mandatory injunction
warranted by the facts, including temporary restraining orders,
temporary injunctions, and permanent injunctions. The court shall
grant injunctive relief without a bond or other undertaking by the
department.
(g) An appellate court shall give precedence to an action
brought under this section over other cases of a different nature on
the docket of the court.
(h) A civil penalty recovered in an action brought by the
department under this chapter shall be deposited to the credit of
the youth camp health and safety fund.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
Renumbered from § 141.014 by Acts 1991, 72nd Leg., ch. 251, §
4, eff. Sept. 1, 1991.
Section: 141.0095 141.0096 141.010 141.011 141.012 141.013 141.014 141.015 141.016 141.017 141.018 141.019 141.020 142.001 142.0011
Last modified: August 10, 2007
|
