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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring a search warrant for certain fire, health, or |
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code inspections. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 18.05, Code of Criminal Procedure, is |
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amended by amending Subsection (a) and adding Subsections (f), (g), |
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and (h) to read as follows: |
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(a) Notwithstanding any other law and except [Except] as |
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provided by Subsections [Subsection] (e) and (f) [of this article], |
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a search warrant is required for the purpose of allowing [may be |
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issued to] a fire marshal, health officer, or code enforcement |
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official of the state or of any county, city, or other political |
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subdivision to inspect [for the purpose of allowing the inspection |
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of] any specified premises to determine the presence of a fire or |
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health hazard or unsafe building condition or a violation of any |
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fire, health, or building regulation, statute, or ordinance. |
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(f) A person described by Subsection (a) may inspect, |
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without a warrant, any premises to determine the presence of a fire |
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or health hazard or unsafe building condition or a violation of any |
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fire, health, or building regulation, statute, or ordinance if: |
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(1) the owner or occupant consents to the inspection; |
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or |
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(2) the person reasonably believes there exists an |
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immediate life-threatening situation, as defined by Article |
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18A.201. |
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(g) A person who conducts an inspection under Subsection |
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(f)(2) must apply for a search warrant for that inspection as soon |
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as practicable after conducting the inspection. If the court finds |
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that the person's belief was not reasonable or the circumstances |
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described by Subsection (f)(2) did not exist, any evidence obtained |
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is not admissible in a criminal action. |
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(h) Any evidence obtained in violation of this article is |
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not admissible in a criminal action. |
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SECTION 2. Section 417.008, Government Code, is amended by |
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adding Subsection (g) to read as follows: |
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(g) To the extent of a conflict between this section and |
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Article 18.05, Code of Criminal Procedure, that article controls. |
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SECTION 3. The change in law made by this Act applies only |
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to an inspection conducted on or after the effective date of this |
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Act. An inspection conducted before the effective date of this Act |
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is governed by the law in effect on the date the inspection was |
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conducted, and the former law is continued in effect for that |
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purpose. |
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SECTION 4. This Act takes effect September 1, 2025. |