Bill Text: TX HB256 | 2025-2026 | 89th Legislature | Comm Sub

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Bill Title: 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.

Sponsorship: Moderate Partisan Bill (Republican 10-2)

Status: (Introduced - Dead) 2025-05-12 - Committee report sent to Calendars [HB256 Detail]

Download: Texas-2025-HB256-Comm_Sub.html

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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.