When a Specific Law Applies to Your Injunction Case
Most people think of injunctions as a general equitable remedy, something courts issue when the situation demands it. That is true. Texas courts have broad equitable authority to grant injunctions under general principles.
But there is a second category that is often stronger. In some situations, a specific Texas statute expressly authorizes injunctive relief, and that can change the analysis in important ways, sometimes making relief easier to obtain.
This page is a guide to the most important statutory injunction grounds in Texas. Each links to the dedicated page where the topic is covered in full.
Trade Secrets: The Texas Uniform Trade Secrets Act
When someone misappropriates your trade secrets, whether they have already taken and used them or are only threatening to, Texas law expressly authorizes courts to grant injunctions to prevent actual or threatened misappropriation.
This statute has two important features. First, it authorizes injunctions before the misappropriation has actually caused harm, because a credible threat is enough. Second, it covers a broad range of business information: customer lists, pricing data, proprietary processes, software, formulas, and more.
See our Trade Secret Injunctions page.
Non-Compete Agreements: The Texas Covenants Not to Compete Act
Texas has a specific statute governing when courts will enforce non-compete covenants. When the covenant meets the legal requirements for enforcement, courts regularly issue TROs and temporary injunctions to halt active violations.
This statute has a distinctive feature. Courts can reform an overly broad non-compete to a reasonable scope and enforce the narrowed version, rather than simply refusing to enforce it.
See our Non-Compete Injunctions page.
Trademark and Business Reputation
Texas has a state-law provision authorizing injunctions to stop conduct likely to injure a business reputation or dilute the distinctive quality of a registered or common-law trademark or trade name. This is a Texas state-court avenue for trademark protection that operates alongside federal trademark law.
Because the statute expressly authorizes injunctive relief, the applicant does not separately need to prove the absence of an adequate remedy at law.
Fraudulent Transfers
When assets are being transferred to put them beyond the reach of creditors, whether before or after a lawsuit is filed, Texas fraudulent transfer law provides specific injunctive remedies in addition to the general TRO framework. These include injunctions against further transfers, appointment of a receiver, and in some cases reversal of transfers that have already occurred.
See our Asset Freeze Injunctions page.
Common Nuisances
Texas has a statutory framework governing injunctions against common nuisances, covering activities such as illegal gambling operations, drug dealing on a property, and similar harmful conduct. These provisions can be pursued by governmental authorities and, in some cases, by private parties.
There is one important limitation. When an action is brought under the statutory nuisance framework, only the specific activities the statute defines as nuisances can be enjoined. The statute expands the grounds and limits the scope at the same time.
Why the Specific Statute Matters
When a Texas statute expressly authorizes injunctive relief for a particular type of harm, it can make a meaningful practical difference for your application.
In some cases, the statute removes the requirement to separately prove that money damages are inadequate, because the legislature has already made that determination by providing an injunctive remedy.
In others, it provides a more direct and certain path to relief than the general equitable framework.
And in a few situations, with the non-compete as the clearest example, the statute provides tools that are not available under general equitable principles, such as the power to reform and enforce an overly broad agreement.
Identifying the right statutory ground, and deciding whether to pursue it alongside or instead of a general equitable injunction, is part of the strategic analysis in every injunction case we handle.
Frequently Asked Questions About Texas Injunction Statutes
Does a specific statute always provide stronger grounds than general equity?
Not always. Specific statutes can remove requirements that would otherwise apply, making relief easier to obtain. But they can also limit the scope of what the court can do. The right approach depends on the specific facts and what you need the order to accomplish.
What if my situation does not fit any specific statute?
Texas courts have broad equitable authority under the general grounds in Chapter 65 of the Texas Civil Practice and Remedies Code. If your situation involves real, imminent, irreparable harm and a probable right of recovery, courts can grant relief under general equitable principles even without a specific statute. See our Grounds for TRO/Injunction page.