88R9265 CJD-D
 
  By: Jones of Harris H.B. No. 3354
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the timely testing of evidence for controlled
  substances and dangerous drugs and the dismissal of certain
  criminal charges.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 38, Code of Criminal Procedure, is
  amended by adding Article 38.51 to read as follows:
         Art. 38.51.  EVIDENCE TESTING FOR CONTROLLED SUBSTANCES OR
  DANGEROUS DRUGS. (a) In this article:
               (1)  "Controlled substance" has the meaning assigned by
  Section 481.002, Health and Safety Code.
               (2)  "Dangerous drug" has the meaning assigned by
  Section 483.001, Health and Safety Code.
         (b)  Evidence that may contain a controlled substance or
  dangerous drug that is seized by a law enforcement agency in
  connection with a criminal action must be submitted to a laboratory
  to be tested using validated laboratory procedures and sampling
  protocols to determine whether the substance is a controlled
  substance or dangerous drug.
         (c)  The court shall dismiss a charge for an offense under
  Subchapter D, Chapter 481, Health and Safety Code, or Subchapter C,
  Chapter 483, Health and Safety Code, involving the manufacture,
  delivery, or possession of a controlled substance or dangerous drug
  if the testing required under this article is not completed before
  the 30th day after the date the seizure occurred.
         SECTION 2.  The change in law made by this Act applies only
  to evidence seized on or after the effective date of this Act.
         SECTION 3.  This Act takes effect September 1, 2023.