Bill > HB1740

This bill modifies the Code of Criminal Procedure to establish new requirements for fire, health, and code inspections. Specifically, the bill now mandates that search warrants are generally required for fire marshals, health officers, and code enforcement officials to inspect premises for potential hazards or regulatory violations. However, the bill creates two exceptions to this warrant requirement: first, if the property owner or occupant consents to the inspection, and second, if the official reasonably believes there is an immediate life-threatening situation. In the latter case, the official must apply for a search warrant as soon as possible after conducting the inspection, and if the court determines that the official's belief was not reasonable, any evidence obtained would be inadmissible in a criminal action. The bill also explicitly states that any evidence obtained in violation of these new provisions cannot be used in a criminal proceeding. The changes will apply only to inspections conducted on or after the bill's effective date of September 1, 2025, and the bill includes a provision ensuring that previous inspections will be governed by the law in effect at the time they were conducted.

Government Affairs

https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB1740