Sec. 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.
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