Texas Health and Safety Code 361.032 – Inspections; Right of Entry
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(a) The commission may inspect and approve solid waste facilities used or proposed to be used to store, process, or dispose of solid waste.
(b) Agents or employees of the commission or local governments have the right to enter at any reasonable time public or private property in the governmental entity’s jurisdiction, including a municipality’s extraterritorial jurisdiction, to inspect and investigate conditions concerning solid waste management and control.
Terms Used In Texas Health and Safety Code 361.032
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Property: means real and personal property. See Texas Government Code 311.005
(c) Agents or employees of the commission or commission contractors have the right to enter at any reasonable time public or private property to investigate or monitor the release or threatened release of a hazardous substance.
(d) Agents or employees of the commission or commission contractors may not enter private property with management in residence without notifying the management, or the person in charge at the time, of their presence and presenting proper credentials.
(e) Agents or employees of the commission or commission contractors acting under this section shall observe the establishment’s rules on safety, internal security, and fire protection.