Who may issue a search warrant to search licensed premises under TABC §101.03?

• A. A police officer.
• B. A magistrate.
• C. The governor.
• D. A licensed attorney.

Answer: (B)

In Texas, a search warrant may be issued only by a magistrate. Police officers don’t have the authority to issue warrants themselves; they must present a sworn affidavit showing probable cause to a magistrate (such as a judge or a justice of the peace), who then decides whether to issue the warrant to search licensed premises under the Alcoholic Beverage Code. The governor does not issue warrants, and licensed attorneys do not have the authority to issue warrants either. This setup provides judicial oversight and ensures searches are based on probable cause before enforcing the law on licensed establishments.