Texas Code of Criminal Procedure
§ 18.05 — WARRANTS FOR FIRE, HEALTH, AND CODE INSPECTIONS
CR § 18.05Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 18. SEARCH WARRANTS
Statute text
View on source(a)Except as provided by Subsection (e) of this article, a search warrant may be issued to a 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;
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Legislative history
Acts 2007, 80th Leg., R.S., Ch. 769 (H.B. 3558), Sec. 1, eff. September 1, 2007. Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 7, eff. September 1, 2011.