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 officials such as fire marshals and health officers to inspect premises for hazards or violations, unless the owner or occupant consents to the inspection or there is a reasonable belief of an immediate life-threatening situation. In cases where an inspection is conducted without a warrant due to an emergency, the inspector must apply for a warrant as soon as practicable afterward. If the court determines that the belief of an emergency was unreasonable, any evidence obtained during that inspection will be inadmissible in a criminal action.

Additionally, the bill clarifies that any evidence obtained in violation of the new requirements will also be inadmissible in court. It includes a provision stating that in the event of a conflict between this new law and existing regulations, the new law 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)