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.