37 Tex. Admin. Code § 445.15
If a department is found to have committed major violations of the same or similar nature on three or more occasions within the previous five years, proceedings for injunctive relief, penalties, and discipline may be instituted; provided, however, that this section shall not prohibit the commission from resorting to judicial enforcement for any violation of the Code or rules.
Source Note:The provisions of this §445.15 adopted to be effective November 1, 1998, 23 TexReg 10905.