Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
Section 301.551 - Injunction(a) In addition to any other action authorized by law, the board may institute an action in its name to enjoin a violation of this chapter or a board rule.(b) To obtain an injunction under this section, it is not necessary to allege or prove that: (1) an adequate remedy at law does not exist; or(2) substantial or irreparable damage would result from the continued violation.(c) Notwithstanding Subsection (b), in a proceeding for an injunction under Subsection (a), the defendant may assert and prove as a complete defense to the action that the board's actions or proceedings were:(1) arbitrary or capricious;(2) contrary to legal requirements; or(3) conducted without due process of law.(d) Either party to an action under Subsection (a) may appeal. The board is not required to give an appeal bond in a cause arising under this section. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. 9/1/1999.