Sec. 101.04. CONSENT TO INSPECTION; PENALTY. (a) By accepting a license or permit, the holder consents to the commission, an authorized representative of the commission, or a peace officer entering the licensed premises at any time to conduct an investigation or inspect the premises for the purpose of performing any duty imposed by this code.
(b) A person commits an offense if the person refuses to allow the commission, an authorized representative of the commission, or a peace officer to enter a licensed or permitted premises as required by Subsection (a). An offense under this section is a Class A misdemeanor.
Acts 1977, 65th Leg., p. 492, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 68 (S.B. 904), Sec. 19, eff. September 1, 2007.
Notes of Decisions
Cited in
10
cases, 1985–2016 · leading case:
Phillips v. State, 161 S.W.3d 511 (Tex. Crim. App. 2005).
Phillips v. State, 161 S.W.3d 511 (Tex. Crim. App. 2005).
· cites it 2× “" [11] TEX. ALCO. BEV.CODE § 101.04 (Vernon 2004).”
Santikos v. State, 754 S.W.2d 416 (Tex. App. 1988).
· cites it 6× “Tex.Alco.Bev. Code Ann. § 101.04 (Vernon 1978).”
Adams v. State, 270 S.W.3d 657 (Tex. App. 2008).
“See Tex Alco. Bev.Code Ann. § 101.04 (Vernon Supp.”
Crosby v. State, 696 S.W.2d 388 (Tex. App. 1985).
· cites it 2× “In my view, TEX.ALCO.BEV.CODE ANN. § 101.04 (Vernon 1978) must be considered in light of the “pervasively regulated business” exception to the warrant requirement found in Colonnade Catering Corp.”
Three Legged Monkey, L.P. v. City of El Paso, 652 F. App'x 236 (5th Cir. 2016).
“a peace officer entering the licensed premises at any time to conduct an investigation or inspect the premises for the purpose of performing any duty imposed by this code.”
Weatherford v. State, 822 S.W.2d 217 (Tex. App. 1991).
“04 (Vernon 1978), the Court held that State warrant-less administrative searches will be judged according to the same guidelines applicable under federal analysis. In his third and fourth points of error, appellant claims that the search and seizure from his oil property and his…”
Phillips v. State, 109 S.W.3d 562 (Tex. App. 2003).
“Tex. Alco. Bev.Code Ann. § 101.04 (Vernon 1995).”
McDonald v. State, 768 S.W.2d 313 (Tex. App. 1988).
“*314 The State contends that McDonald had waived his constitutional protection against warrantless search and seizures under Tex. Alco.Bev.Code Ann. § 101.04 (Vernon 1987).”
— Tex. Alco. Bev. Code § 101.04(a) — 1 case
Three Legged Monkey, L.P. v. City of El Paso, 652 F. App'x 236 (5th Cir. 2016).
“a peace officer entering the licensed premises at any time to conduct an investigation or inspect the premises for the purpose of performing any duty imposed by this code.”
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