Texas Special District Local Laws Code - Section 8801.204. Injunctive Relief; Civil Penalty
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Texas Laws > Special District Local Laws Code > Texas Special District Local Laws Code - Section 8801.204. Injunctive Relief; Civil Penalty
Section: 8801.159 8801.160 8801.161 8801.162 8801.163 8801.201 8801.202 8801.204 8802.001 8802.002 8802.003 8802.004 8802.051 8802.052 8802.053
§ 8801.204. INJUNCTIVE RELIEF; CIVIL PENALTY. (a) If it
appears that a person has violated or is violating or threatening to
violate this chapter or a rule, permit, or other order of the
district issued or adopted under this chapter, the district may
institute an action in a district court in the district for:
(1) injunctive relief to restrain the person from
continuing the violation or threat of violation;
(2) the assessment and recovery of a civil penalty of
not less than $50 and not more than $5,000 for each violation and
for each day of a continuing violation; or
(3) both injunctive relief and civil penalties.
(b) On application for injunctive relief and a finding that
a person is violating or threatening to violate this chapter or a
rule, permit, or other order of the district issued or adopted under
this chapter, the district court shall grant injunctive relief as
the facts warrant.
(c) At the request of the board, or the general manager if
authorized by the board, the attorney general shall institute and
conduct an action in the name of the district for injunctive relief
or to recover a civil penalty, or both.
(d) The district is not required to post a bond or other
security with the court.
(e) In a suit to recover a civil penalty or a suit for
injunctive relief and a civil penalty, if the court finds that a
person has violated or is violating a provision of this chapter or a
rule, permit, or order of the district, the court shall assess a
civil penalty in the amount provided by this section.
Acts 2003, 78th Leg., ch. 1277, § 1, eff. April 1, 2005. Amended
by Acts 2005, 79th Leg., ch. 238, § 22, eff. May 27, 2005.
Last modified: August 11, 2007