Texas Code of Criminal Procedure - Article 18.05. Warrants For Fire, Health, And Code Inspections
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Art. 18.05. WARRANTS FOR FIRE, HEALTH, AND CODE
INSPECTIONS. (a) Except as provided by Subsection (e) of this
article, a search warrant may be issued to the fire marshal, health
officer, or code enforcement official of the state or of any county,
city, or other political subdivision for the purpose of allowing
the inspection of any specified premises to determine the presence
of a fire or health hazard or unsafe building condition or a
violation of any fire, health, or building regulation, statute, or
ordinance.
(b) A search warrant may not be issued under this article
except upon the presentation of evidence of probable cause to
believe that a fire or health hazard or violation or unsafe building
condition is present in the premises sought to be inspected.
(c) In determining probable cause, the magistrate is not
limited to evidence of specific knowledge, but may consider any of
the following:
(1) the age and general condition of the premises;
(2) previous violations or hazards found present in the
premises;
(3) the type of premises;
(4) the purposes for which the premises are used; and
(5) the presence of hazards or violations in and the general
condition of premises near the premises sought to be inspected.
(d) Each city or county may designate one code enforcement
official for the purpose of being issued a search warrant as
authorized by Subsection (a) of this article. A political
subdivision other than a city or county may designate one code
enforcement official for the purpose of being issued a search
warrant as authorized by Subsection (a) of this article only if the
political subdivision routinely inspects premises to determine
whether there is a fire or health hazard or unsafe building
condition or a violation of fire, health, or building regulation,
statute, or ordinance.
(e) A search warrant may not be issued under this article to
a code enforcement official of a county with a population of 2.4
million or more for the purpose of allowing the inspection of
specified premises to determine the presence of an unsafe building
condition or a violation of a building regulation, statute, or
ordinance.
Amended by Acts 1973, 63rd Leg., p. 983, ch. 399, Sec. 2(E), eff.
Jan. 1, 1974; Acts 1989, 71st Leg., ch. 382, Sec. 1, eff. Aug. 28,
1989.
Article: 17.47 17.48 18.01 18.02 18.021 18.03 18.04 18.05 18.06 18.07 18.08 18.09 18.10 18.11 18.12
Last modified: August 11, 2007
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