Bill Text: TX HB84 | 2023 | 88th Legislature 4th Special Session | Introduced
Bill Title: Relating to the Department of Public Safety performing rapid DNA testing of certain individuals crossing the Texas-Mexico border.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2023-11-08 - Filed [HB84 Detail]
Download: Texas-2023-HB84-Introduced.html
| By: Leo-Wilson | H.B. No. 84 | |
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| 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. | ||
