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Texas Special District Local Laws Code - Section 8801.204. Injunctive Relief; Civil Penalty

Legal Research Home > Texas Laws > Special District Local Laws Code > Texas Special District Local Laws Code - Section 8801.204. Injunctive Relief; Civil Penalty

§ 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