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A BILL TO BE ENTITLED
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AN ACT
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relating to the Department of Public Safety performing rapid DNA |
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testing of certain individuals crossing the Texas-Mexico border. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 421, Government Code, is amended by |
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adding Subchapter G to read as follows: |
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SUBCHAPTER G. RAPID DNA TESTING OF CERTAIN INDIVIDUALS CROSSING |
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TEXAS-MEXICO BORDER |
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Sec. 421.121. DEFINITIONS. In this subchapter: |
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(1) "DNA" means deoxyribonucleic acid. |
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(2) "Rapid DNA test" means a process for developing a |
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DNA profile of an individual: |
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(A) based on a biological sample consisting of a |
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buccal swab of the individual; and |
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(B) without the need for human intervention in |
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the process or the use of facilities dedicated to performing DNA |
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analyses and testing. |
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Sec. 421.122. RAPID DNA TESTING PROGRAM. The Department of |
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Public Safety shall enter into an agreement with the United States |
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Department of Homeland Security on request to establish a program |
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for: |
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(1) performing rapid DNA tests of individuals who: |
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(A) enter into this state by crossing the |
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Texas-Mexico border; |
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(B) are detained or arrested by the Department of |
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Homeland Security; and |
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(C) the Department of Homeland Security has |
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reason to believe are misrepresenting the existence of a family |
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relationship between the individual and another individual |
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detained or arrested by the Department of Homeland Security; and |
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(2) promptly providing the results of the rapid DNA |
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tests to the Department of Homeland Security for use in the |
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enforcement of federal immigration laws. |
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Sec. 421.123. BIOLOGICAL SAMPLES TO BE DESTROYED. The |
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Department of Public Safety shall destroy the biological sample |
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used to perform a rapid DNA test under the agreement described by |
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Section 421.122 after performing the test and providing the |
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results. |
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Sec. 421.124. DATABASE OF PROFILES PROHIBITED. The |
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Department of Public Safety may not maintain a database of DNA |
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profiles developed through rapid DNA tests performed under an |
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agreement described by Section 421.122. |
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Sec. 421.125. REQUIRED PROVISIONS. The agreement described |
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by Section 421.122 must contain provisions that are substantially |
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similar to the duty under Section 421.123 and the prohibition under |
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Section 421.124. |
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SECTION 2. This Act takes effect on the 91st day after the |
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last day of the legislative session. |