(a) The Texas Health and Human Services Commission
(HHSC) may petition a district court for a temporary restraining order
to restrain a person from continuing a violation of the standards
prescribed by this chapter if HHSC finds that the violation threatens
the health and safety of a resident.
(b) A district court, on petition by HHSC, may by injunction:
(1) prohibit a person from continuing a violation of
the standards or licensing requirements prescribed by this chapter;
(2) restrain or prevent the establishment, conduct,
management, or operation of a facility without a license issued under
this chapter; or
(3) grant the injunctive relief warranted by the facts
on a finding by the court that a person is violating the standards
or licensing requirements prescribed by this chapter.
(c) HHSC may refer a facility to the Texas Office of
the Attorney General for the assessment of civil penalties under the
Texas Health and Safety Code §252.064 (relating to Civil Penalty),
for a violation that threatens the health and safety of a resident.
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Source Note: The provisions of this §551.235 adopted to be effective May 1, 1995, 20 TexReg 1659; amended to be effective February 1, 1999, 23 TexReg 11829; transferred effective May 1, 2019, as published in the Texas Register April 12, 2019, 44 TexReg 1883; amended to be effective February 24, 2022, 47 TexReg 787 |