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. If an inspection is conducted under the latter condition, the official must apply for a search warrant as soon as practicable afterward. Additionally, any evidence obtained without a warrant in violation of this article is deemed inadmissible in a criminal action.

The bill also adds a provision to the Government Code stating 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 of September 1, 2025, while inspections prior to this date will be governed by the law in effect at that time.

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