H.B. No. 1740 amends Article 18.05 of the Code of Criminal Procedure to require a search warrant for fire, health, or code inspections, with specific exceptions. The bill stipulates that a search warrant is necessary for fire marshals, health officers, or code enforcement officials to inspect premises for hazards or violations unless the owner or occupant consents to the inspection or there is an immediate life-threatening situation. If an inspection is conducted under the latter condition, the inspector must apply for a warrant as soon as practicable, and any evidence obtained without a warrant in situations that do not meet the criteria will be inadmissible in criminal proceedings.

Additionally, the bill introduces a provision stating that any evidence obtained in violation of the new requirements will not be admissible in court. It also clarifies that in case of a conflict between this new law and existing regulations, the provisions of Article 18.05 will take precedence. The changes will apply only to inspections conducted on or after the effective date of the Act, which is set for September 1, 2025.

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