The bill amends Article 18.05 of the Code of Criminal Procedure to establish that a search warrant is required for fire, health, or code inspections, with specific exceptions. It allows for inspections without a warrant if the owner or occupant consents or if there is a reasonable belief of an immediate life-threatening situation. Additionally, if an inspection is conducted under the latter condition, the inspector must apply for a search warrant as soon as practicable afterward. If a court determines that the belief was unreasonable or the emergency did not exist, any evidence obtained during that inspection would be inadmissible in a criminal action. The bill also states that any evidence obtained in violation of this article is not admissible.

Furthermore, the bill adds a provision to the Government Code indicating that in the event of a conflict between this section and Article 18.05, the latter will take precedence. The changes made by this Act will only apply to inspections conducted on or after its effective date, which is set for September 1, 2025. Inspections conducted prior to this date will continue to be governed by the law in effect at that time.

Statutes affected:
Introduced: Government Code 417.008 (Government Code 417)