89R15395 CJD-D
By: Hopper H.B. No. 4714
A BILL TO BE ENTITLED
AN ACT
relating to the testing of evidence for controlled substances by
the Department of Public Safety.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 411, Government Code, is amended by
adding Subchapter G-2 to read as follows:
SUBCHAPTER G-2. EVIDENCE TESTING FOR CONTROLLED SUBSTANCES
Sec. 411.166. DEFINITION. In this subchapter, "controlled
substance" has the meaning assigned by Section 481.002, Health and
Safety Code.
Sec. 411.167. TESTING REQUIRED. (a) The department shall
test evidence that may contain a controlled substance that is
submitted to the department by an attorney representing the state
in connection with a criminal action to be tested by the
department's laboratory using validated laboratory procedures and
sampling protocols to determine whether the substance is a
controlled substance.
(b) The department shall conduct the testing described by
Subsection (a) regardless of:
(1) the amount of the evidence suspected to contain a
controlled substance seized in connection with the offense that is
the subject of the criminal action; or
(2) the category of offense with which the defendant
in the criminal action is charged or may be charged.
Sec. 411.168. FAILURE TO TEST; REIMBURSEMENT OF ATTORNEY
REPRESENTING THE STATE. If the testing required under this
subchapter is not completed before the 180th day after the date the
department received the evidence to be tested, the department
shall:
(1) return the evidence submitted for testing to the
appropriate attorney representing the state; and
(2) reimburse the attorney representing the state for
the cost of having the evidence tested by an independent
laboratory.
SECTION 2. The change in law made by this Act applies only
to evidence submitted to the Department of Public Safety on or after
the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2025.