BILL ANALYSIS

 

 

Senate Research Center                                                                                                     H.B. 3558

80R5108 UM-D                                                                                                  By: Zedler (Brimer)

                                                                                                                                   Criminal Justice

                                                                                                                                            5/17/2007

                                                                                                                                           Engrossed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Under current law, a city or county is authorized to designate only one code enforcement official for the purpose of being issued a search warrant for fire, health, and code inspections.  This limitation has created unnecessary backlogs for counties and cities such as Fort Worth.

 

H.B. 3558 authorizes each city or county to designate one or more code enforcement officials for the purpose of being issued a search warrant to inspect a specified premises in order to determine the presence of fire or health hazards, unsafe building conditions, or violations of any fire, health, or building regulation, statute, or ordinance.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Articles 18.05(a) and (d), Code of Criminal Procedure, as follows:

 

(a)  Makes a conforming change.

 

(d)  Authorizes each city or county to designate one or more code enforcement officials for the purpose of being issued a search warrant as authorized by Subsection (a) of this article.  Authorizes a political subdivision other than a city or county to designate not more than one code enforcement official for the purpose of being issued a search warrant as authorized by Subsection (a) of this article only if the political subdivision routinely inspects premises to determine whether there is a fire or health hazard or unsafe building condition or a violation of fire, health, or building regulation, statute, or ordinance.

 

SECTION 2.  Makes application of this Act prospective.

 

SECTION 3.  Effective date: September 1, 2007.