HB256 - 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.

  89R26838 LRM-D     By: Leo Wilson, Guillen, Lujan, H.B. No. 256       Morales of Maverick, Martinez, et al.     Substitute the following for H.B. No. 256:     By:  King C.S.H.B. No. 256       A BILL TO BE ENTITLED   AN ACT   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.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 421, Government Code, is amended by   adding Subchapter G to read as follows:   SUBCHAPTER G.   DNA TESTING OF CERTAIN INDIVIDUALS CROSSING   TEXAS-MEXICO BORDER           Sec. 421.121.  DEFINITIONS. In this subchapter:                 (1)     "CODIS"   has the meaning assigned by Section   411.141.                 (2)  "DNA" means deoxyribonucleic acid.                 (3)     "DNA database"   has the meaning assigned by Section   411.141.                 (4)     "Rapid DNA test" means a process for developing a   DNA profile of an individual:                         (A)     based on a biological sample consisting of a   buccal swab of the individual; and                       (B)     without the need for human intervention in   the process or the use of facilities dedicated to performing DNA   analyses and testing.           Sec.   421.122.     DNA TESTING PROGRAM; AGREEMENT. The   Department of Public Safety shall enter into an agreement with the   United States Department of Homeland Security on request to   establish a program for:                   (1)     performing DNA tests, including rapid DNA tests,   of individuals who:                       (A)     enter into this state by crossing the   Texas-Mexico border;                       (B)     are detained or arrested by the Department of   Homeland Security; and                       (C)     the Department of Homeland Security has   reason to believe are misrepresenting the existence of a   parent-child relationship between the individual and one or more   other individuals detained or arrested by the Department of   Homeland Security; and                 (2)     promptly providing the results of the DNA tests   described by Subdivision (1) to the Department of Homeland Security   for use in the enforcement of federal immigration laws.           Sec.   421.123.     BIOLOGICAL SAMPLES TO BE DESTROYED. The   Department of Public Safety shall destroy the biological sample   used to perform a DNA test, including a rapid DNA test, under the   agreement described by Section 421.122 after performing the test   and providing the results.             Sec.   421.124.     DNA DATABASE AND USE OF CODIS PROHIBITED. The   Department of Public Safety, using the results of DNA tests,   including rapid DNA tests, performed under the agreement described   by Section 421.122, may not:                 (1)  maintain a DNA database;                 (2)  enter the results of the DNA tests into CODIS; or                 (3)  search CODIS.           Sec.   421.125.     REQUIRED PROVISIONS. The agreement described   by Section 421.122 must contain provisions that are substantially   similar to the duty under Section 421.123 and the prohibitions   under Section 421.124.           Sec.   421.126.     FUNDING.   Notwithstanding any other provision   of this subchapter, the Department of Public Safety may not   establish or operate the program under Section 421.122, unless the   department receives funding from the United States Department of   Homeland Security sufficient to cover the costs of establishing and   operating the program, as determined by the Department of Public   Safety.          SECTION 2.  This Act takes effect September 1, 2025.