bill requiring warrants for fire, health and code inspections

The text as introduced · 414 words

89R4167 JCG-D

By: Tepper
H.B. No. 1740

A BILL TO BE ENTITLED

AN ACT

relating to requiring a search warrant for certain fire, health, or

code inspections.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article 18.05, Code of Criminal Procedure, is

amended by amending Subsection (a) and adding Subsections (f), (g),

and (h) to read as follows:

(a) Notwithstanding any other law and except [ Except ] as

provided by Subsections [ Subsection ] (e) and (f) [ of this article ],

a search warrant is required for the purpose of allowing [ may be

issued to ] a fire marshal, health officer, or code enforcement

official of the state or of any county, city, or other political

subdivision to inspect [ for the purpose of allowing the inspection

of ] any specified premises to determine the presence of a fire or

health hazard or unsafe building condition or a violation of any

fire, health, or building regulation, statute, or ordinance.

(f) A person described by Subsection (a) may inspect,

without a warrant, any premises to determine the presence of a fire

or health hazard or unsafe building condition or a violation of any

fire, health, or building regulation, statute, or ordinance if:

(1) the owner or occupant consents to the inspection;

or

(2) the person reasonably believes there exists an

immediate life-threatening situation, as defined by Article

18A.201.

(g) A person who conducts an inspection under Subsection

(f)(2) must apply for a search warrant for that inspection as soon

as practicable after conducting the inspection. If the court finds

that the person's belief was not reasonable or the circumstances

described by Subsection (f)(2) did not exist, any evidence obtained

is not admissible in a criminal action.

(h) Any evidence obtained in violation of this article is

not admissible in a criminal action.

SECTION 2. Section 417.008, Government Code, is amended by

adding Subsection (g) to read as follows:

(g) To the extent of a conflict between this section and

Article 18.05, Code of Criminal Procedure, that article controls.

SECTION 3. The change in law made by this Act applies only

to an inspection conducted on or after the effective date of this

Act. An inspection conducted before the effective date of this Act

is governed by the law in effect on the date the inspection was

conducted, and the former law is continued in effect for that

purpose.

SECTION 4. This Act takes effect September 1, 2025.