Right of Entry
Ordinance 93.06 governs the right of entry for city officials in Harker Heights, specifying under what circumstances city officials may enter private property for inspections or other municipal purposes. Below, you’ll find the full text of the ordinance, along with analysis of its implications and enforcement practices.
Full Text of Ordinance 93.06
§ 93.06 RIGHT OF ENTRY; SEARCH WARRANTS.
(A) The Building Official or his authorized representative may enter any building, structure, or premises at all reasonable times to make an inspection or enforce any of the provisions of this chapter.
(B) When entering a building, structure, or premise that is occupied, the Building Official shall first identify himself, present proper credentials, and request entry. If the building, structure, or premise
is unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge of the premise and request entry. If entry is refused, the Building Official may obtain a search
warrant pursuant to the requirements herein.
(C) No person, owner, or occupant of any building or premise shall fail, after proper credentials are displayed, to permit entry into any building or into any property by the Building Official or his
authorized agent for the purpose of inspections pursuant to this chapter.
(D) The Building Official shall be the sole code enforcement officer to whom a search warrant may be issued pursuant to Tex. Code of Crim. Proc. Art. 18.05.
(E) A search warrant may be issued to the City Building Official for the purpose of allowing the inspection of any specified premises to determine the presence of any violation of this chapter that
may be classified as a fire or health hazard, or an unsafe building condition.
(F) A search warrant may not be issued under this section except upon the presentation of evidence, in the form of a sworn affidavit 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.
(G) In determining probable cause, the Magistrate is not limited to evidence of specific know-ledge, 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.
(H) Upon proper presentation of evidence by the Building Official, a search warrant may be issued by any Magistrate of a Court of Record having jurisdiction.
(I) Nothing in this section shall be construed to limit the authority of the Building Official to enter any premises pursuant to any valid court order.
(Ord. 89-20, passed 12-12-89)
Research and Analysis
Ordinance 93.06 raises significant concerns about privacy, government overreach, and the delicate balance between public safety and individual property rights. The ordinance allows the Building Official to enter private property without a warrant under specific circumstances. If entry is refused, exceptions outlined in the Texas Code of Criminal Procedure §18.02 may permit inspections without following traditional warrant procedures.
These exceptions could allow officials to inspect properties—even homes—based on broad criteria, such as the condition of nearby buildings. This raises constitutional questions, as the Fourth Amendment protects individuals from unreasonable searches and seizures without a valid warrant.
A 2018 citizen complaint further highlights the City’s awareness of potential legal issues with this ordinance. Despite these concerns, the ordinance remains active, prompting questions about both its legal validity and ethical implications. This situation underscores the need for a deeper evaluation of whether the ordinance respects constitutional protections or grants excessive authority to the City, potentially at the expense of residents' rights.