26 Tex. Admin. Code § 550.1406 - Injunctive Relief or Civil Penalties
(a)
HHSC may petition a district court for a temporary restraining order against a
center to restrain a continuing violation of THSC Chapter 248A or standard in
this chapter if HHSC finds that the violation creates an immediate threat to
the health and safety of minors served at a center.
(b) A district court, on petition of HHSC,
and on a finding of the court that a person is violating THSC Chapter 248A or a
standard in this chapter, may by injunction:
(1) prohibit the person from continuing the
violation;
(2) restrain or prevent
the establishment or operation of a center without a license under THSC Chapter
248A; or
(3) grant any other
injunctive relief warranted by the facts.
(c) HHSC may request the attorney general to
institute and conduct a suit authorized by this section.
(d) HHSC may recover reasonable expenses
incurred in obtaining relief under this section, including court costs,
reasonable attorney's fees, investigation costs, witness fees, and deposition
expenses.
(e) Venue for a suit
brought under this section is in the county in which the center is located or
in Travis County.
(f) If HHSC
determines that a violation of THSC Chapter 248A or a standard in this chapter
threatens the health and safety of a minor served at the center, HHSC may seek,
against the person who violates THSC Chapter 248A, the requirements in this
chapter, or fails to comply with a corrective action plan submitted in
accordance with this chapter, a civil penalty of not more than $500 for each
violation.
(1) Each day a violation continues
constitutes a separate violation for the purpose of this section.
(2) HHSC may request the attorney general to
sue to collect the penalty. HHSC may recover reasonable expenses incurred in
obtaining relief under this section, including court costs, reasonable attorney
fees, investigation costs, witness fees, and deposition expenses.
Notes
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