§ 140B.107.Civil Action Brought by Attorney General, Local Prosecutor, or State Agency

The standing provision, and it contains the chapter’s most consequential limit on the attorney general.

Subsection (a) names three possible plaintiffs: the office of the attorney general, a local prosecutor, or a state agency having jurisdiction over conduct constituting an offense under Section 72.02, 72.03, or 72.04, Penal Code.

Then the condition: the attorney general or a state agency may institute an action under Section 140B.101 or 140B.102 only if that office receives the consent of the applicable local prosecutor.

Read what that does. The injunctive remedies and the forfeiture action — the chapter’s two principal weapons — are unavailable to the attorney general without a local prosecutor’s agreement. The local prosecutor needs no one’s consent.

This is a stronger constraint than notice and coordination. The sections that follow require the attorney general to notify a prosecutor and to abate on request; this requires permission before filing at all.

What is not conditioned is the separate action in Section 140B.109 — injunctive relief, civil penalties and fees — which the attorney general may bring alone. So the chapter divides enforcement: penalties are the attorney general’s to seek, property is not without local agreement.

Subsection (b) turns to the court’s handling. The district court shall proceed as soon as practicable to the hearing and determination, and pending final determination may at any time enter injunctions, prohibitions, or restraining orders, or take actions, including the acceptance of satisfactory performance bonds, the court considers proper.

The performance bond is the notable option. It lets a business continue trading under security rather than be restrained — an alternative that matters when the defendant employs people.