| 1 | 1 | | 89R4167 JCG-D |
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| 2 | 2 | | By: Tepper H.B. No. 1740 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to requiring a search warrant for certain fire, health, or |
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| 10 | 10 | | code inspections. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Article 18.05, Code of Criminal Procedure, is |
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| 13 | 13 | | amended by amending Subsection (a) and adding Subsections (f), (g), |
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| 14 | 14 | | and (h) to read as follows: |
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| 15 | 15 | | (a) Notwithstanding any other law and except [Except] as |
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| 16 | 16 | | provided by Subsections [Subsection] (e) and (f) [of this article], |
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| 17 | 17 | | a search warrant is required for the purpose of allowing [may be |
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| 18 | 18 | | issued to] a fire marshal, health officer, or code enforcement |
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| 19 | 19 | | official of the state or of any county, city, or other political |
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| 20 | 20 | | subdivision to inspect [for the purpose of allowing the inspection |
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| 21 | 21 | | of] any specified premises to determine the presence of a fire or |
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| 22 | 22 | | health hazard or unsafe building condition or a violation of any |
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| 23 | 23 | | fire, health, or building regulation, statute, or ordinance. |
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| 24 | 24 | | (f) A person described by Subsection (a) may inspect, |
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| 25 | 25 | | without a warrant, any premises to determine the presence of a fire |
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| 26 | 26 | | or health hazard or unsafe building condition or a violation of any |
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| 27 | 27 | | fire, health, or building regulation, statute, or ordinance if: |
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| 28 | 28 | | (1) the owner or occupant consents to the inspection; |
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| 29 | 29 | | or |
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| 30 | 30 | | (2) the person reasonably believes there exists an |
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| 31 | 31 | | immediate life-threatening situation, as defined by Article |
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| 32 | 32 | | 18A.201. |
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| 33 | 33 | | (g) A person who conducts an inspection under Subsection |
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| 34 | 34 | | (f)(2) must apply for a search warrant for that inspection as soon |
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| 35 | 35 | | as practicable after conducting the inspection. If the court finds |
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| 36 | 36 | | that the person's belief was not reasonable or the circumstances |
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| 37 | 37 | | described by Subsection (f)(2) did not exist, any evidence obtained |
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| 38 | 38 | | is not admissible in a criminal action. |
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| 39 | 39 | | (h) Any evidence obtained in violation of this article is |
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| 40 | 40 | | not admissible in a criminal action. |
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| 41 | 41 | | SECTION 2. Section 417.008, Government Code, is amended by |
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| 42 | 42 | | adding Subsection (g) to read as follows: |
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| 43 | 43 | | (g) To the extent of a conflict between this section and |
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| 44 | 44 | | Article 18.05, Code of Criminal Procedure, that article controls. |
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| 45 | 45 | | SECTION 3. The change in law made by this Act applies only |
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| 46 | 46 | | to an inspection conducted on or after the effective date of this |
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| 47 | 47 | | Act. An inspection conducted before the effective date of this Act |
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| 48 | 48 | | is governed by the law in effect on the date the inspection was |
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| 49 | 49 | | conducted, and the former law is continued in effect for that |
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| 50 | 50 | | purpose. |
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| 51 | 51 | | SECTION 4. This Act takes effect September 1, 2025. |
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