Texas Occupations Code

§ 301.551 — INJUNCTION

OC § 301.551Title 3. HEALTH PROFESSIONS · Part E. REGULATION OF NURSING · Ch. 301. NURSES · Art. L. OTHER PENALTIES AND ENFORCEMENT PROVISIONS

Statute text

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(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;

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Legislative history

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.