Sec. 186.005. RESTRAINING ORDER. (a) A district court shall immediately inquire into the matter if a public utility presents a verified petition to the court:
(1) alleging that in the judicial district of the court a person is violating or threatening to violate Section 186.004 and that the violation or threatened violation will interfere with the maintenance of adequate water, electric, or gas service; and
(2) describing the acts committed in violation of Section 186.004, or the threatened acts that, if committed, will violate Section 186.004.
(b) If it appears that there is a violation or threatened violation of Section 186.004, the court shall immediately issue an order restraining the person, the person's agent, and any other person acting with them from committing an act prohibited by that section.
(c) A restraining order issued under this section is effective when the petitioner files with the clerk of the court a good and sufficient bond in an amount set by the court to cover court costs that may reasonably accrue in connection with the case. A judgment rendered in the case may not be superseded pending appeal.
(d) Venue for a suit under this section is in any judicial district in which the violation or threat to violate occurs.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Section: Previous 186.001 186.002 186.003 186.004 186.005 186.006 186.007 186.021 186.031 186.032 186.033 186.041 186.042 186.043 186.044 NextLast modified: September 28, 2016