88S30302 JCG-D
 
  By: Leo-Wilson H.B. No. 12
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the Department of Public Safety performing rapid DNA
  testing of certain individuals crossing the Texas-Mexico border.
         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. RAPID DNA TESTING OF CERTAIN INDIVIDUALS CROSSING
  TEXAS-MEXICO BORDER
         Sec. 421.121.  DEFINITIONS. In this subchapter:
               (1)  "DNA" means deoxyribonucleic acid.
               (2)  "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.  RAPID DNA TESTING PROGRAM. 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 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 family
  relationship between the individual and another individual
  detained or arrested by the Department of Homeland Security; and
               (2)  promptly providing the results of the rapid DNA
  tests 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 rapid DNA test under the agreement described by
  Section 421.122 after performing the test and providing the
  results. 
         Sec. 421.124.  DATABASE OF PROFILES PROHIBITED. The
  Department of Public Safety may not maintain a database of DNA
  profiles developed through rapid DNA tests performed under an
  agreement described by Section 421.122.
         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 prohibition under
  Section 421.124.
         SECTION 2.  This Act takes effect on the 91st day after the
  last day of the legislative session.