Texas 2025 - 89th Regular

Texas House Bill HB5149 Compare Versions

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1-89R25587 RAL-D
1+89R13984 RAL-D
22 By: Villalobos H.B. No. 5149
3- Substitute the following for H.B. No. 5149:
4- By: Leach C.S.H.B. No. 5149
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97 A BILL TO BE ENTITLED
108 AN ACT
11- relating to restricting the collection and use of DNA samples from
9+ relating to restricting the use of DNA samples collected from
1210 children in the managing conservatorship of the Department of
13- Family and Protective Services.
11+ Family and Protective Services for certain purposes.
1412 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1513 SECTION 1. Subchapter B, Chapter 264, Family Code, is
1614 amended by adding Section 264.131 to read as follows:
1715 Sec. 264.131. USE OF FOSTER CHILD DNA FOR CERTAIN PURPOSES
18- PROHIBITED. The department may not collect or use a DNA sample from
19- a child in the managing conservatorship of the department for any
20- purpose without:
21- (1) the written consent of an adult having actual
22- care, control, and possession of the child as the child's primary
23- caregiver; or
24- (2) a court order.
16+ PROHIBITED. The department may not use a DNA sample collected from
17+ a child in the managing conservatorship of the department to
18+ perform a search against a DNA database maintained by the
19+ Department of Public Safety under Subchapter G, Chapter 411,
20+ Government Code, for the purpose of determining paternity without
21+ the written consent of the child's biological mother.
2522 SECTION 2. This Act takes effect September 1, 2025.