Tex. Health and Safety Code § 247.044
This is the official text of Tex. Health and Safety Code § 247.044, part of Texas’s Health and Safety Code — covers public health and safety regulation.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
§ 247.044. INJUNCTION.
Official statutory text
(a) The department may petition a district court for a temporary restraining order to restrain a continuing violation of the standards or licensing requirements provided under this chapter if the department finds that:
(1) the violation creates an immediate threat to the health and safety of the assisted living facility residents; or
(2) the facility is operating without a license.
(b) A district court, on petition of the department and on a finding by the court that a person is violating the standards or licensing requirements provided under this chapter, may by injunction:
(1) prohibit a person from continuing a violation of the standards or licensing requirements provided under this chapter;
(2) restrain the establishment or operation of an assisted living facility without a license issued under this chapter; or
(3) grant any other injunctive relief warranted by the facts.
(c) The department may petition a district court for a temporary restraining order to inspect a facility allegedly required to be licensed and operating without a license when admission to the facility cannot be obtained. If it is shown that admission to the facility cannot be obtained, the court shall order the facility to allow the department admission to the facility.
(d) The attorney general or local prosecuting attorney may institute and conduct a suit authorized by this section at the request of the department.
(e) Venue for a suit brought under this section is in the county in which the assisted living facility is located or in Travis County.
(1) the violation creates an immediate threat to the health and safety of the assisted living facility residents; or
(2) the facility is operating without a license.
(b) A district court, on petition of the department and on a finding by the court that a person is violating the standards or licensing requirements provided under this chapter, may by injunction:
(1) prohibit a person from continuing a violation of the standards or licensing requirements provided under this chapter;
(2) restrain the establishment or operation of an assisted living facility without a license issued under this chapter; or
(3) grant any other injunctive relief warranted by the facts.
(c) The department may petition a district court for a temporary restraining order to inspect a facility allegedly required to be licensed and operating without a license when admission to the facility cannot be obtained. If it is shown that admission to the facility cannot be obtained, the court shall order the facility to allow the department admission to the facility.
(d) The attorney general or local prosecuting attorney may institute and conduct a suit authorized by this section at the request of the department.
(e) Venue for a suit brought under this section is in the county in which the assisted living facility is located or in Travis County.
Status: in_force · Read it on the official government site
Need a lawyer in Texas?
Find a Texas lawyer
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.