(a) The department may investigate a person the department
suspects of violating the Act, a rule, or an order adopted under the
Act.
(b) A person violating the Act, a rule, or an order
adopted under the Act is subject to a civil penalty of not less than
$50 or more than $1,000 for each act of violation.
(c) If it appears that a person has violated, is violating,
or is threatening to violate the Act or a rule or order adopted under
the Act, the department may bring a civil action in a district court
for injunctive relief, a civil penalty, or both.
(d) The district court, upon finding that the person
is violating the Act, a rule, or an order adopted under the Act, shall
grant injunctive relief, assess a civil penalty, or both, as warranted
by the facts.
(e) 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
is:
(1) violating or threatening to violate the Act, a
rule, or an order adopted under the Act; or
(2) taking any other action that creates an emergency
condition that constitutes an imminent danger to the health, safety,
or welfare of campers at a campus program for minors.
(f) An action under this section may be brought in
the county in which the defendant resides or in which the violation
or threat of violation occurs.
(g) If an action for injunctive relief under this section
is granted by the court, 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.
(h) 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.
(i) The program operator and the institution that operate
the campus program for minors or at which the campus program is conducted
are immune from civil or criminal liability for any act or omission
of an employee for which the employee is immune under Texas Family
Code, §261.106.
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