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Texas Agriculture Code - Section 76.151. Entry Power

Legal Research Home > Texas Lawyer > Agriculture Code > Texas Agriculture Code - Section 76.151. Entry Power

§ 76.151. ENTRY POWER.  (a) For the purpose of 
inspection, examination, or sampling, the department is entitled to 
enter at reasonable hours any building or place owned, controlled, 
or operated by a registrant or dealer if from probable cause it 
appears that the building or place contains a pesticide.
	(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.

Acts 1981, 67th Leg., p. 1203, ch. 388, § 1, eff. Sept. 1, 1981.  
Amended by Acts 1997, 75th Leg., ch. 1369, § 1, eff. Sept. 1, 
1997.

Last modified: August 10, 2007