Tex. Agric. Code 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 (Structural Pest Control), Occupations Code; and

(2)

inspect and review any record maintained by a person engaged in any activity regulated under this chapter or Chapter 1951 (Structural Pest Control), 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 (Structural Pest Control), 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.
Acts 1981, 67th Leg., p. 1203, ch. 388, Sec. 1, eff. Sept. 1, 1981. Amended by Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 6.06, eff. September 1, 2009.

Source: Section 76.151 — Entry Power, https://statutes.­capitol.­texas.­gov/Docs/AG/htm/AG.­76.­htm#76.­151 (accessed Apr. 13, 2024).

76.001
Definitions
76.002
Pests
76.003
State-limited-use Pesticides
76.004
Department Rules
76.006
Pesticide Examination and Testing
76.007
Interagency Cooperation
76.008
Exemption
76.009
Pesticide Disposal Fund
76.021
Labeling Information
76.022
Conspicuous Lettering
76.023
Misbranded Pesticide or Device
76.041
Registration Required
76.042
Content of Registration Application
76.043
Expiration and Renewal
76.044
Fees
76.045
Registration for Special Local Need
76.046
Denial or Cancellation of Registration
76.047
Experimental Use Permit
76.071
License Required
76.072
Expiration
76.073
Fees
76.074
Display of Dealer License
76.075
Records
76.076
Denial, Revocation, Modification, or Suspension of License
76.077
Exceptions
76.101
Coordination
76.102
Agencies Responsible for Licensing Pesticide Applicators
76.103
Program Contingent on Federal Funds
76.104
Agency Rules for Application of a Pesticide
76.105
License Required
76.106
Classification of Licenses
76.107
Licensing by More than One Agency
76.108
Commercial Applicator License
76.109
Noncommercial Applicator License
76.110
Commercial and Noncommercial Applicator Examination
76.111
Applicator Businesses
76.112
Private Applicator
76.113
Term and Renewal of Licenses
76.114
Records
76.115
Inspection of Equipment
76.116
Suspension, Modification, or Revocation of License
76.117
Property Owner Use
76.118
Exemption for Licensed Veterinarians
76.119
Disclosure of Information Relating to Private Pesticide Applicator License Holders
76.120
Emergency Mosquito Control by Certain Municipal or County Employees
76.131
Rules
76.132
Disposal of Pesticide
76.141
Regulated Herbicides
76.142
Application of Regulated Herbicide
76.143
Public Hearing
76.144
County Herbicide Regulations
76.151
Entry Power
76.152
Sampling
76.153
Stop Use, Stop Distribution, or Removal Order
76.154
Injunction
76.155
Prosecutions
76.156
Civil Penalty
76.181
Appeal of Denial or Cancellation of Pesticide Registration
76.182
Appeal of Permit or License Denial, Suspension, Modification, or Revocation
76.183
Appeal of Stop Use, Stop Distribution, or Removal Order
76.184
Reports of Pesticide Adverse Effects
76.185
Damages Resulting from Application of Pesticide Under Government Program
76.201
Offenses
76.202
Penalty
76.203
Defenses
76.1095
Noncommercial Applicator License for Mosquito Control in Border Counties
76.1555
Administrative Penalty

Accessed:
Apr. 13, 2024

§ 76.151’s source at texas​.gov