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AN ACT
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relating to the issuance of warrants to certain persons for fire, |
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health, and code inspections. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Articles 18.05(a) and (d), Code of Criminal |
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Procedure, are amended to read as follows: |
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(a) Except as provided by Subsection (e) of this article, a |
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search warrant may be issued to a [the] fire marshal, health |
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officer, or code enforcement official of the state or of any county, |
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city, or other political subdivision for the purpose of allowing |
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the inspection of any specified premises to determine the presence |
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of a fire or health hazard or unsafe building condition or a |
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violation of any fire, health, or building regulation, statute, or |
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ordinance. |
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(d) Each city or county may designate one or more code |
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enforcement officials [official] for the purpose of being issued a |
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search warrant as authorized by Subsection (a) of this article. A |
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political subdivision other than a city or county may designate not |
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more than one code enforcement official for the purpose of being |
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issued a search warrant as authorized by Subsection (a) of this |
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article only if the political subdivision routinely inspects |
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premises to determine whether there is a fire or health hazard or |
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unsafe building condition or a violation of fire, health, or |
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building regulation, statute, or ordinance. |
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SECTION 2. The change in law made by this Act applies only |
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to a warrant issued on or after the effective date of this Act. A |
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warrant issued before the effective date of this Act is governed by |
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the law in effect when the warrant was issued, and the former law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3558 was passed by the House on May 4, |
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2007, by the following vote: Yeas 144, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3558 was passed by the Senate on May |
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23, 2007, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |