Section 76.151 - Entry Power(a) The department, at any time and without notice during regular business hours, may: (1) enter and inspect a building or place owned, controlled, or operated by a person engaged in any activity regulated under this chapter or Chapter 1951, Occupations Code; and(2) inspect and review any record maintained by a person engaged in any activity regulated under this chapter or Chapter 1951, Occupations Code.(a-1) The department may enter and inspect a building or place or inspect and review any record under Subsection (a) as necessary to:(1) ensure compliance with this chapter or Chapter 1951, Occupations Code; or(2) investigate a complaint made to the department.(b) A regulatory agency is entitled to enter any public or private premises at reasonable times to:(1) inspect any equipment authorized or required to be inspected under this chapter or to inspect the premises on which the equipment is kept or stored;(2) inspect or sample land exposed or reported to be exposed to a pesticide;(3) inspect an area where a pesticide is disposed of or stored; or(4) observe the use and application of a restricted-use or state-limited-use pesticide or regulated herbicide.(c) If a regulatory agency is denied access to any land to which access was sought at a reasonable time for any of the purposes listed in Subsection (b) of this section, the head of the regulatory agency may apply to a magistrate for a warrant authorizing access to the land for any of those purposes. On a showing of probable cause to believe that a violation of a rule relating to a purpose listed in Subsection (b) of this section has occurred, the magistrate shall issue the search warrant for the purposes requested.Tex. Agric. Code § 76.151
Amended by Acts 2009, 81st Leg., R.S., Ch. 506, Sec. 6.06, eff. 9/1/2009.Amended by Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. 9/1/1997. Acts 1981, 67th Leg., p. 1203, ch. 388, Sec. 1, eff. 9/1/1981.