Texas § OC.2301.804 - SUIT FOR INJUNCTIVE RELIEF OR CIVIL PENALTY

§ OC.2301.804. SUIT FOR INJUNCTIVE RELIEF OR CIVIL PENALTY

SUIT FOR INJUNCTIVE RELIEF OR CIVIL PENALTY. (a) If it appears that a person has violated, is violating, or is threatening to violate this chapter, Chapter 503 , Transportation Code, a board rule adopted under this chapter or Chapter 503 , Transportation Code, or an order issued under this chapter or Chapter 503 , Transportation Code, the board or the executive director, if authorized by the presiding officer of the board, may cause a suit to be instituted in a court for: (1) injunctive relief to restrain the person from committing the violation or threat of violation; (2) imposition of a civil penalty; or (3) both injunctive relief and a civil penalty. (b) At the request of the board or the executive director, if authorized by the presiding officer of the board, the attorney general shall bring in the name of the state a suit for an injunction or a civil penalty as described by Subsection (a). (c) In a suit for injunctive relief under this chapter, the court shall grant, without bond or other undertaking, any prohibitory or mandatory injunction the facts warrant, including a temporary restraining order, temporary injunction, or permanent injunction. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741 ), Sec. 35, eff. September 1, 2013.