88S30302 JCG-D
By: Leo-Wilson H.B. No. 12
A BILL TO BE ENTITLED
AN ACT
relating to the Department of Public Safety performing rapid DNA
testing of certain individuals crossing the Texas-Mexico border.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 421, Government Code, is amended by
adding Subchapter G to read as follows:
SUBCHAPTER G. RAPID DNA TESTING OF CERTAIN INDIVIDUALS CROSSING
TEXAS-MEXICO BORDER
Sec. 421.121. DEFINITIONS. In this subchapter:
(1) "DNA" means deoxyribonucleic acid.
(2) "Rapid DNA test" means a process for developing a
DNA profile of an individual:
(A) based on a biological sample consisting of a
buccal swab of the individual; and
(B) without the need for human intervention in
the process or the use of facilities dedicated to performing DNA
analyses and testing.
Sec. 421.122. RAPID DNA TESTING PROGRAM. The Department of
Public Safety shall enter into an agreement with the United States
Department of Homeland Security on request to establish a program
for:
(1) performing rapid DNA tests of individuals who:
(A) enter into this state by crossing the
Texas-Mexico border;
(B) are detained or arrested by the Department of
Homeland Security; and
(C) the Department of Homeland Security has
reason to believe are misrepresenting the existence of a family
relationship between the individual and another individual
detained or arrested by the Department of Homeland Security; and
(2) promptly providing the results of the rapid DNA
tests to the Department of Homeland Security for use in the
enforcement of federal immigration laws.
Sec. 421.123. BIOLOGICAL SAMPLES TO BE DESTROYED. The
Department of Public Safety shall destroy the biological sample
used to perform a rapid DNA test under the agreement described by
Section 421.122 after performing the test and providing the
results.
Sec. 421.124. DATABASE OF PROFILES PROHIBITED. The
Department of Public Safety may not maintain a database of DNA
profiles developed through rapid DNA tests performed under an
agreement described by Section 421.122.
Sec. 421.125. REQUIRED PROVISIONS. The agreement described
by Section 421.122 must contain provisions that are substantially
similar to the duty under Section 421.123 and the prohibition under
Section 421.124.
SECTION 2. This Act takes effect on the 91st day after the
last day of the legislative session.