| 1 | 1 | | By: Leo-Wilson H.B. No. 84 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the Department of Public Safety performing rapid DNA |
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| 7 | 7 | | testing of certain individuals crossing the Texas-Mexico border. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Chapter 421, Government Code, is amended by |
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| 10 | 10 | | adding Subchapter G to read as follows: |
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| 11 | 11 | | SUBCHAPTER G. RAPID DNA TESTING OF CERTAIN INDIVIDUALS CROSSING |
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| 12 | 12 | | TEXAS-MEXICO BORDER |
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| 13 | 13 | | Sec. 421.121. DEFINITIONS. In this subchapter: |
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| 14 | 14 | | (1) "DNA" means deoxyribonucleic acid. |
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| 15 | 15 | | (2) "Rapid DNA test" means a process for developing a |
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| 16 | 16 | | DNA profile of an individual: |
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| 17 | 17 | | (A) based on a biological sample consisting of a |
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| 18 | 18 | | buccal swab of the individual; and |
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| 19 | 19 | | (B) without the need for human intervention in |
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| 20 | 20 | | the process or the use of facilities dedicated to performing DNA |
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| 21 | 21 | | analyses and testing. |
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| 22 | 22 | | Sec. 421.122. RAPID DNA TESTING PROGRAM. The Department of |
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| 23 | 23 | | Public Safety shall enter into an agreement with the United States |
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| 24 | 24 | | Department of Homeland Security on request to establish a program |
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| 25 | 25 | | for: |
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| 26 | 26 | | (1) performing rapid DNA tests of individuals who: |
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| 27 | 27 | | (A) enter into this state by crossing the |
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| 28 | 28 | | Texas-Mexico border; |
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| 29 | 29 | | (B) are detained or arrested by the Department of |
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| 30 | 30 | | Homeland Security; and |
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| 31 | 31 | | (C) the Department of Homeland Security has |
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| 32 | 32 | | reason to believe are misrepresenting the existence of a family |
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| 33 | 33 | | relationship between the individual and another individual |
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| 34 | 34 | | detained or arrested by the Department of Homeland Security; and |
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| 35 | 35 | | (2) promptly providing the results of the rapid DNA |
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| 36 | 36 | | tests to the Department of Homeland Security for use in the |
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| 37 | 37 | | enforcement of federal immigration laws. |
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| 38 | 38 | | Sec. 421.123. BIOLOGICAL SAMPLES TO BE DESTROYED. The |
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| 39 | 39 | | Department of Public Safety shall destroy the biological sample |
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| 40 | 40 | | used to perform a rapid DNA test under the agreement described by |
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| 41 | 41 | | Section 421.122 after performing the test and providing the |
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| 42 | 42 | | results. |
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| 43 | 43 | | Sec. 421.124. DATABASE OF PROFILES PROHIBITED. The |
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| 44 | 44 | | Department of Public Safety may not maintain a database of DNA |
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| 45 | 45 | | profiles developed through rapid DNA tests performed under an |
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| 46 | 46 | | agreement described by Section 421.122. |
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| 47 | 47 | | Sec. 421.125. REQUIRED PROVISIONS. The agreement described |
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| 48 | 48 | | by Section 421.122 must contain provisions that are substantially |
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| 49 | 49 | | similar to the duty under Section 421.123 and the prohibition under |
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| 50 | 50 | | Section 421.124. |
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| 51 | 51 | | SECTION 2. This Act takes effect on the 91st day after the |
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| 52 | 52 | | last day of the legislative session. |
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