1. (a) The Texas Department of Human Services (DHS) 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 DHS finds that the violation creates an immediate threat to the health and safety of the facility's residents.

2. (b) A district court, on petition by DHS, may by injunction:

   1. (1) prohibit a person from continuing a violation of the standards or licensing requirements prescribed by this chapter;
   2. (2) restrain or prevent the establishment, conduct, management, or operation of a facility without a license issued under this chapter; or
   3. (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.
3. (c) DHS may refer a facility to the attorney general for the assessment of civil penalties under the Texas Health and Safety Code, §252.064, for a violation that threatens the health and safety of a resident.

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.