The director must set DNA laboratory procedures, and covered laboratories and agencies must follow them and FBI procedures.
Sec. 411.144. REGULATION OF DNA LABORATORIES; PENALTIES. (a) The director by rule shall establish procedures for a DNA laboratory or criminal justice agency, including an authorized law enforcement agency, in the collection, preservation, shipment, analysis, and use of a DNA sample for forensic DNA analysis, including rapid DNA analysis, in a manner that permits the exchange of DNA evidence between DNA laboratories and criminal justice agencies and the use of the evidence in a criminal case. (b) A DNA laboratory or criminal justice agency, including an authorized law enforcement agency, shall follow the procedures: (1) established by the director under this section; and (2) specified by the FBI, including use of comparable test procedures, laboratory equipment, supplies, and computer software. (c) The director may at any reasonable time enter and inspect the premises or audit the records, reports, procedures, or other quality assurance matters of: (1) any DNA laboratory that: (A) provides DNA records to the director under this subchapter; or (B) conducts forensic analysis; and (2) any authorized law enforcement agency. (d) A DNA laboratory conducting a forensic DNA analysis under this subchapter or an authorized law enforcement agency performing a rapid DNA analysis under this subchapter shall: (1) forward the DNA record of the analysis to the director at the department's crime laboratory or another location as required by the director; and (2) comply with this subchapter and rules adopted under this subchapter. (e) The director is the Texas liaison for DNA data, records, evidence, and other related matters between: (1) the FBI; and (2) a DNA laboratory or a criminal justice agency, including an authorized law enforcement agency. (f) The director may: (1) conduct DNA analyses; (2) contract with a laboratory, state agency, private entity, or institution of higher education for services to perform DNA analyses for the director; or (3) authorize a law enforcement agency to perform rapid DNA analyses under Section 411.146(c-1). 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. 7, eff. September 1, 2005. Acts 2025, 89th Leg., R.S., Ch. 853 (S.B. 1723), Sec. 4, eff. June 20, 2025.