Tex. Health & Safety Code § 466.042 · Subchapter C. ENFORCEMENT
INJUNCTION.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) The department may request the attorney general or a district, county, or municipal attorney to petition the district court for a temporary restraining order to restrain:
(1) a continuing violation of this chapter, a rule adopted under this chapter, or an order or permit issued under this chapter; or
(2) a threat of a continuing violation of this chapter, a rule, or an order or permit.
(b) To request a temporary restraining order, the department must find that a person has violated, is violating, or is threatening to violate this chapter, a rule adopted under this chapter, or an order or permit issued under this chapter and:
(1) the violation or threatened violation creates an immediate threat to the health and safety of the public; or
(2) there is reasonable cause to believe that the permit holder or the staff of the permit holder is party to the diversion of a narcotic drug or drugs in violation of Chapter 481 (Texas Controlled Substances Act).
(c) On finding by the court that a person is violating or threatening to violate this chapter, a rule adopted under this chapter, or an order or permit issued under this chapter, the court shall grant the injunctive relief warranted by the facts.
(d) Venue for a suit brought under this section is in the county in which the violation or threat of violation is alleged to have occurred or in Travis County.
Notes and commentary — not statutory text
History
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 193, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1220, eff. April 2, 2015.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/HS/htm/HS.466.htm
- Text hash
- sha256 6f840fe9d587ab7d873ee28ee80fa3ef9141e7111eb1f371ac18cf0f067892b9
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
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Health and Safety Code
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.