Relating to the Department of Public Safety performing DNA testing of certain individuals crossing the Texas-Mexico border and restrictions on the use of the results of those tests.
Impact
This bill introduces a framework for establishing a DNA testing program that aligns with federal immigration laws. It mandates that the results of these tests must be shared with DHS, thereby facilitating law enforcement actions against potential violations of immigration laws. While the primary intention behind this legislation is to bolster border security and combat human trafficking, it raises significant concerns about privacy and civil liberties. The provisions also include strict limits on the retention and usage of DNA test results, specifically prohibiting the establishment of a DNA database and ensuring biological samples are destroyed promptly after testing.
Summary
House Bill 106 is a legislative proposal that authorizes the Texas Department of Public Safety (DPS) to conduct DNA testing on individuals crossing the Texas-Mexico border under specific circumstances. This legislation is aimed at individuals who are detained or arrested by the Department of Homeland Security (DHS) and are suspected of engaging in offenses related to human trafficking or exploitation. The bill stipulates that rapid DNA tests may be used, which are designed to produce DNA profiles quickly without extensive human intervention.
Contention
Notable points of contention surrounding HB 106 include debates over the ethical implications of conducting DNA tests without consent and the potential for misuse of the data collected. Critics argue that the bill could lead to abuses of power and the violation of individual rights, particularly for vulnerable populations crossing the border. Advocates for the bill assert that it is a necessary tool for law enforcement to effectively address and mitigate serious crimes such as human trafficking, thus presenting a stark divide between those prioritizing security and those advocating for individual rights.
Texas Constitutional Statutes Affected
Government Code
Chapter 421. Homeland Security
Section: New Section
Penal Code
Chapter 20. Kidnapping, Unlawful Restraint, Andsmuggling Of Persons
Relating to the Department of Public Safety performing DNA testing of certain individuals crossing the Texas-Mexico border and restrictions on the use of the results of those tests.
Relating to measures to ensure the safety and welfare of the border region of this state, including protection from ongoing criminal activity and public health threats and the establishment of the Border Protection Unit; creating a criminal offense; creating a civil penalty.
Relating to measures to ensure the safety and welfare of the border region of this state, including protection from ongoing criminal activity and public health threats and the establishment of the Border Protection Unit; creating a criminal offense; creating a civil penalty.
Relating to rapid DNA analysis by certain law enforcement agencies, the establishment of a related pilot program, and the content of certain DNA databases.
Relating to measures to address public safety threats in this state presented by transnational criminal activity, including by establishing the Texas Homeland Security Division and the Border Security Advisory Council, and to compensate persons affected by those threats.
Relating to measures to ensure the safety and welfare of the border region of this state, including protection from ongoing criminal activity, and public health threats and the establishment of the Border Protection Unit; creating a criminal offense; creating a civil penalty.
Relating to measures to ensure the safety and welfare of the border region of this state, including protection from ongoing criminal activity, and public health threats and the establishment of the Border Protection Unit; creating a criminal offense; creating a civil penalty.
Relating to measures to ensure the safety and welfare of the border region of this state, including protection from ongoing criminal activity, and public health threats and the establishment of the Border Protection Unit; creating a criminal offense; creating a civil penalty.