Sec. 556.103. ISSUANCE OF WARRANT  


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  • (a) In this section, "probable cause" means a valid public interest exists in the effective enforcement of this subtitle or a rule adopted under this subtitle that is sufficient to justify an administrative inspection of the facility, area, building, or conveyance, or its contents in the circumstances specified in the application for the warrant.

    (b) A district judge may, on proper oath or affirmation that shows probable cause, issue a warrant to:

    (1) conduct an administrative inspection authorized by this chapter or rules adopted under this subtitle; and

    (2) seize property appropriate to the inspection.

    (c) A warrant may be issued only on an affidavit that:

    (1) is given by a board representative who has knowledge of the facts alleged;

    (2) is sworn to before the judge; and

    (3) establishes the grounds for issuance of the warrant.

    (d) The judge shall issue a warrant if the judge is satisfied that grounds for the application exist or that there is probable cause to believe they exist.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.