Texas Agriculture Code 76.151 – Entry Power
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(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.
Terms Used In Texas Agriculture Code 76.151
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Department: means the Department of Agriculture. See Texas Agriculture Code 1.003
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Rule: includes regulation. See Texas Government Code 311.005
(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.