| 1 | 1 | | 89R15395 CJD-D |
|---|
| 2 | 2 | | By: Hopper H.B. No. 4714 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to the testing of evidence for controlled substances by |
|---|
| 10 | 10 | | the Department of Public Safety. |
|---|
| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 12 | 12 | | SECTION 1. Chapter 411, Government Code, is amended by |
|---|
| 13 | 13 | | adding Subchapter G-2 to read as follows: |
|---|
| 14 | 14 | | SUBCHAPTER G-2. EVIDENCE TESTING FOR CONTROLLED SUBSTANCES |
|---|
| 15 | 15 | | Sec. 411.166. DEFINITION. In this subchapter, "controlled |
|---|
| 16 | 16 | | substance" has the meaning assigned by Section 481.002, Health and |
|---|
| 17 | 17 | | Safety Code. |
|---|
| 18 | 18 | | Sec. 411.167. TESTING REQUIRED. (a) The department shall |
|---|
| 19 | 19 | | test evidence that may contain a controlled substance that is |
|---|
| 20 | 20 | | submitted to the department by an attorney representing the state |
|---|
| 21 | 21 | | in connection with a criminal action to be tested by the |
|---|
| 22 | 22 | | department's laboratory using validated laboratory procedures and |
|---|
| 23 | 23 | | sampling protocols to determine whether the substance is a |
|---|
| 24 | 24 | | controlled substance. |
|---|
| 25 | 25 | | (b) The department shall conduct the testing described by |
|---|
| 26 | 26 | | Subsection (a) regardless of: |
|---|
| 27 | 27 | | (1) the amount of the evidence suspected to contain a |
|---|
| 28 | 28 | | controlled substance seized in connection with the offense that is |
|---|
| 29 | 29 | | the subject of the criminal action; or |
|---|
| 30 | 30 | | (2) the category of offense with which the defendant |
|---|
| 31 | 31 | | in the criminal action is charged or may be charged. |
|---|
| 32 | 32 | | Sec. 411.168. FAILURE TO TEST; REIMBURSEMENT OF ATTORNEY |
|---|
| 33 | 33 | | REPRESENTING THE STATE. If the testing required under this |
|---|
| 34 | 34 | | subchapter is not completed before the 180th day after the date the |
|---|
| 35 | 35 | | department received the evidence to be tested, the department |
|---|
| 36 | 36 | | shall: |
|---|
| 37 | 37 | | (1) return the evidence submitted for testing to the |
|---|
| 38 | 38 | | appropriate attorney representing the state; and |
|---|
| 39 | 39 | | (2) reimburse the attorney representing the state for |
|---|
| 40 | 40 | | the cost of having the evidence tested by an independent |
|---|
| 41 | 41 | | laboratory. |
|---|
| 42 | 42 | | SECTION 2. The change in law made by this Act applies only |
|---|
| 43 | 43 | | to evidence submitted to the Department of Public Safety on or after |
|---|
| 44 | 44 | | the effective date of this Act. |
|---|
| 45 | 45 | | SECTION 3. This Act takes effect September 1, 2025. |
|---|