Sec. 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. Sept. 1, 1999.
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