HB1740 - Relating to requiring a search warrant for certain fire, health, or code inspections.

  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.