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Tex. Transp. Code § 728.004

ENFORCEMENT; INJUNCTION

Applied in 2 court decisions — leading case Attorney General of Texas v. El Paso Independent Automobile Dealers Ass'n (1998)

Most recently applied in Motor Vehicle Board of the Texas Department of Transportation v. El Paso Independent Automobile Dealers Ass'n (February 2001)

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff

(a) The attorney general or a district, county, or municipal attorney may enforce this subchapter and may bring an action in the county in which a violation is alleged.

(b) The operation of a business in violation of this subchapter is a public nuisance. Any person, including a district, county, or municipal attorney, may obtain an injunction restraining a violation of this subchapter. A person who obtains an injunction under this subsection may recover the person's costs, including court costs and reasonable attorney's fees.

(c) An employer is a necessary party to an action brought against its employee under this section. An employer is strictly liable for all amounts, including civil penalties, damages, costs, and attorney's fees, resulting from a violation of Section 728.002 by its employee.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.