BILL ANALYSIS

 

 

                                                                                                                                           H.B. 3558

                                                                                                                                           By: Zedler

                                                                                                                       Criminal Jurisprudence

                                                                                                       Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

 

Under current law, a city or county may designate only one code enforcement official for the purpose of being issued search warrants for fire, health, and code inspections.  This limitation has created unnecessary backlogs for cities and counties like Fort Worth.  H.B. 3558 would allow each city or county to designate one or more code enforcement officials for the purpose of being issued a search warrant to allow 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.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. 

 

ANALYSIS

 

H.B. 3558 amends Articles 18.05(a) and (d) of Criminal Procedure and would allow each city or county to designate one or more code enforcement officials for the purpose of being issued a search warrant to allow 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.  However, a political subdivision other than a city or county may designate not more than one code enforcement official for the purpose of being issued a search warrant 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.  Makes application of this Act prospective.

 

EFFECTIVE DATE

 

September 1, 2007.