The director must set procedures to prevent unauthorized DNA database access and manage releases of DNA information; the director may also adopt related rules and release certain DNA records only for specified purposes.
Sec. 411.147. ACCESS TO DNA DATABASE INFORMATION. (a) The director by rule shall establish procedures: (1) to prevent unauthorized access to the DNA database; and (2) to release from the DNA database a DNA sample, analysis, record, or other information maintained under this subchapter. (b) The director may adopt rules relating to the internal disclosure, access, or use of a sample or DNA record in a DNA laboratory or authorized law enforcement agency. (c) The director may release a DNA sample, analysis, or record only: (1) to a criminal justice agency for criminal justice or law enforcement identification purposes; (2) for a judicial proceeding, if otherwise admissible under law; (3) for criminal defense purposes to a defendant, if related to the case in which the defendant is charged or released from custody under Article 17.47, Code of Criminal Procedure, or other court order; or (4) for another purpose: (A) described in Section 411.143; or (B) required under federal law as a condition for obtaining federal funding. (d) The director may release a record of the number of requests made for a defendant's individual DNA record and the name of the requesting person. (e) A criminal justice agency may have access to a DNA sample for a law enforcement purpose through: (1) the agency's laboratory; (2) a laboratory used by the agency; or (3) an authorized law enforcement agency. (f) The director shall maintain a record of requests made under this section. Added by Acts 1995, 74th Leg., ch. 595, Sec. 1, eff. Sept. 1, 1995. Amended by: Acts 2005, 79th Leg., Ch. 1224 (H.B. 1068), Sec. 10, eff. September 1, 2005. Acts 2025, 89th Leg., R.S., Ch. 853 (S.B. 1723), Sec. 7, eff. June 20, 2025.