Sec. 382.015. POWER TO ENTER PROPERTY  


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  • (a) A member, employee, or agent of the commission may enter public or private property, other than property designed for and used exclusively as a private residence housing not more than three families, at a reasonable time to inspect and investigate conditions relating to emissions of air contaminants to or the concentration of air contaminants in the atmosphere.

    (b) A member, employee, or agent who enters private property that has management in residence shall:

    (1) notify the management, or the person then in charge, of the member's, employee's, or agent's presence; and

    (2) show proper credentials.

    (c) A member, employee, or agent who enters private property shall observe that establishment's rules concerning safety, internal security, and fire protection.

    (d) The commission is entitled to the remedies provided by Sections 382.082-382.085 if a member, employee, or agent is refused the right to enter public or private property as provided by this section.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.144, eff. Sept. 1, 1995.