H.B. No. 40
    1-1                                AN ACT
    1-2  relating to the requirement of DNA analysis of certain inmates and
    1-3  to the creation of a DNA database; providing penalties.
    1-5        SECTION 1.  Chapter 411, Government Code, is amended by
    1-6  adding Subchapter G to read as follows:
    1-7                  SUBCHAPTER G.  DNA DATABASE SYSTEM
    1-8        Sec. 411.141.  DEFINITIONS.  In this subchapter:
    1-9              (1)  "DNA" means deoxyribonucleic acid.
   1-10              (2)  "DNA database" means the database that contains
   1-11  forensic DNA records maintained by the director.
   1-12              (3)  "DNA laboratory" means a laboratory that performs
   1-13  forensic DNA analysis on samples or specimens derived from a human
   1-14  body or crime scene.
   1-15              (4)  "DNA record" means the results of a forensic DNA
   1-16  analysis performed by a DNA laboratory and, if known, the name of
   1-17  the person who is the subject of the analysis.
   1-18              (5)  "FBI" means the Federal Bureau of Investigation.
   1-19              (6)  "Institution of higher education" has the meaning
   1-20  assigned by Section 61.003, Education Code.
   1-21              (7)  "Institutional division" means the institutional
   1-22  division of the Texas Department of Criminal Justice.
   1-23              (8)  "Penal institution" has the meaning assigned by
   1-24  Section 1.07, Penal Code.
    2-1        Sec. 411.142.  DNA DATABASE.  (a)  The director shall record
    2-2  DNA data and establish and maintain a computerized database that
    2-3  serves as the central depository in the state for DNA records.
    2-4        (b)  The director may maintain the DNA database in the
    2-5  department's crime laboratory in Austin or another suitable
    2-6  location.
    2-7        (c)  The director may receive, analyze, store, and destroy a
    2-8  record, blood sample, or other specimen for the purposes described
    2-9  by Section 411.143.
   2-10        (d)  The DNA database must be capable of  classifying,
   2-11  matching, and storing the results of analyses of DNA and other
   2-12  biological molecules.
   2-13        (e)  The director, with advice from the Department of
   2-14  Information Resources, shall develop biennial plans to:
   2-15              (1)  improve the reporting and accuracy of the DNA
   2-16  database; and
   2-17              (2)  develop and maintain a monitoring system capable
   2-18  of identifying inaccurate or incomplete information.
   2-19        (f)  The DNA database must be compatible with the national
   2-20  DNA identification index system (CODIS) used by the FBI to the
   2-21  extent required by the FBI to permit the useful exchange and
   2-22  storage of DNA records or information derived from those records.
   2-23        (g)  The DNA database may contain DNA records for the
   2-24  following:
   2-25              (1)  a person described by Section 411.148 or 411.150;
   2-26              (2)  a biological specimen of a deceased victim of a
   2-27  crime;
    3-1              (3)  a biological specimen that is legally obtained in
    3-2  the investigation of a crime, regardless of origin;
    3-3              (4)  an unidentified missing person, or unidentified
    3-4  skeletal remains or body parts;
    3-5              (5)  a close biological relative of a person who has
    3-6  been reported missing to a law enforcement agency;
    3-7              (6)  a person at risk of becoming lost, such as a child
    3-8  or a person declared by a court to be mentally incapacitated, if
    3-9  the record is required by court order or a parent, conservator, or
   3-10  guardian of the person consents to the record; or
   3-11              (7)  an unidentified person, if the record does not
   3-12  contain personal identifying information.
   3-13        (h)  The department shall establish standards for DNA
   3-14  analysis by the DNA laboratory that meet or exceed the current
   3-15  standards for quality assurance and proficiency testing for
   3-16  forensic DNA analysis issued by the FBI.  The DNA database may
   3-17  contain only DNA records of DNA analyses performed according to the
   3-18  standards adopted by the department.
   3-19        Sec. 411.143.  PURPOSES.  (a)  The principal purpose of the
   3-20  DNA database is to assist federal, state, or local criminal justice
   3-21  or law enforcement agencies in the  investigation or prosecution of
   3-22  sex-related offenses or other offenses in which biological evidence
   3-23  is recovered.
   3-24        (b)  In criminal cases, the purposes of the DNA database are
   3-25  only for use in the investigation of an offense, the exclusion or
   3-26  identification of suspects, and the prosecution of the case.
   3-27        (c)  Other purposes of the database include:
    4-1              (1)  assisting in the recovery or identification of
    4-2  human remains from a disaster or for humanitarian purposes;
    4-3              (2)  assisting in the identification of living or
    4-4  deceased missing persons; and
    4-5              (3)  if personal identifying information is removed:
    4-6                    (A)  establishing a population statistics
    4-7  database;
    4-8                    (B)  assisting in identification research and
    4-9  protocol development; and
   4-10                    (C)  assisting in database or DNA laboratory
   4-11  quality control.
   4-12        (d)  The information contained in the DNA database may not be
   4-13  collected, analyzed, or stored to obtain information about human
   4-14  physical traits or predisposition for disease unless the purpose
   4-15  for obtaining the information is related to a purpose described by
   4-16  this section.
   4-17        (e)  The director may not store a name or other personal
   4-18  identifying information in the CODIS database.  A file or reference
   4-19  number to another information system may be included in the CODIS
   4-20  database only if the director determines the information is
   4-21  necessary to:
   4-22              (1)  generate an investigative lead or exclusion;
   4-23              (2)  support the statistical interpretation of a test
   4-24  result; or
   4-25              (3)  allow for the successful implementation of the DNA
   4-26  database.
   4-27        (f)  Except as provided by this subchapter, the DNA database
    5-1  may not include criminal history record information.
    5-3  (a)  The director by rule shall establish procedures for a DNA
    5-4  laboratory  or criminal justice or law enforcement agency in the
    5-5  collection, preservation, shipment, analysis, and use of a blood
    5-6  sample or other specimen for forensic DNA analysis in a manner that
    5-7  permits the exchange of DNA evidence between DNA laboratories and
    5-8  the use of the evidence in a criminal case.
    5-9        (b)  A DNA laboratory or criminal justice or law enforcement
   5-10  agency shall follow the procedures:
   5-11              (1)  established by the director under this section;
   5-12  and
   5-13              (2)  specified by the FBI, including use of comparable
   5-14  test procedures, laboratory equipment, supplies, and computer
   5-15  software.
   5-16        (c)  The director may at any reasonable time enter and
   5-17  inspect the premises or audit the procedures of any DNA laboratory
   5-18  that provides DNA records or DNA forensic analyses to the
   5-19  department under this subchapter.
   5-20        (d)  A DNA laboratory conducting a DNA analysis under this
   5-21  subchapter shall:
   5-22              (1)  forward the DNA record of the analysis to the
   5-23  director at the department's crime laboratory or another location
   5-24  as required by the department; and
   5-25              (2)  comply with this subchapter and rules adopted
   5-26  under this subchapter.
   5-27        (e)  If a DNA laboratory violates this subchapter or a rule
    6-1  adopted under this subchapter, the director may prohibit the
    6-2  laboratory from exchanging DNA records with another DNA laboratory
    6-3  or criminal justice or law enforcement agency.  A DNA laboratory
    6-4  prohibited from exchanging DNA records under this subsection may
    6-5  petition the director for a hearing to show cause why the
    6-6  laboratory's authority to exchange DNA records should be
    6-7  reinstated.
    6-8        (f)  The director is the liaison for DNA data, records,
    6-9  evidence, and other related matters between the FBI and a DNA
   6-10  laboratory or a criminal justice or law enforcement agency.
   6-11        (g)  The director may:
   6-12              (1)  conduct DNA analyses; or
   6-13              (2)  contract with a laboratory, state agency, private
   6-14  entity, or institution of higher education for services to perform
   6-15  DNA analyses for the department.
   6-16        (h)  The institutional division may:
   6-17              (1)  collect a blood sample or other specimen for
   6-18  forensic DNA analysis; or
   6-19              (2)  contract with a laboratory, state agency, private
   6-20  entity, or institution of higher education for services to collect
   6-21  a sample or other specimen under this subchapter.
   6-22        Sec. 411.145.  FEES.  (a)  The director may collect a
   6-23  reasonable fee under this subchapter:
   6-24              (1)  for the DNA analysis of a blood sample or other
   6-25  specimen submitted voluntarily to the department; or
   6-26              (2)  for providing population statistics data or other
   6-27  appropriate research data.
    7-1        (b)  A fee collected under this section shall be deposited in
    7-2  the state treasury to the credit of the state highway fund and may
    7-3  be used only to defray the cost of administering this subchapter.
    7-4        Sec. 411.146.  BLOOD SAMPLES OR OTHER SPECIMENS.  (a)  The
    7-5  director may not accept a blood sample or other specimen taken from
    7-6  a person who is not deceased that is submitted voluntarily or as
    7-7  required by Section 411.148 or 411.150 unless the sample or
    7-8  specimen is collected in a medically approved manner by:
    7-9              (1)  a physician, registered nurse, licensed vocational
   7-10  nurse, licensed clinical laboratory technologist; or
   7-11              (2)  another person who is trained to properly collect
   7-12  blood samples or other specimens and supervised by a licensed
   7-13  physician.
   7-14        (b)  A person collecting a blood sample or other specimen
   7-15  under this section may not be held liable in any civil or criminal
   7-16  action if the person collects the sample or specimen in a
   7-17  reasonable manner according to generally accepted medical or other
   7-18  professional practices.
   7-19        (c)  The director shall provide at no cost to a person
   7-20  described by Subsection (a) the specimen vials, mailing tubes and
   7-21  labels, report forms, and instructions for collection of blood
   7-22  samples or other specimens under this section.
   7-23        (d)  A person who collects a blood sample or other specimen
   7-24  under this section shall send  the sample or specimen to:
   7-25              (1)  the director at the department's crime laboratory;
   7-26  or
   7-27              (2)  another location as required by the director by
    8-1  rule.
    8-2        (e)  A DNA laboratory may analyze a blood sample collected
    8-3  under this section or other DNA specimen only:
    8-4              (1)  to type the genetic markers contained in the
    8-5  sample or specimen;
    8-6              (2)  for criminal justice and law enforcement purposes;
    8-7  or
    8-8              (3)  for other purposes described by this subchapter.
    8-9        (f)  If possible, a second DNA specimen must be obtained from
   8-10  a suspect in a criminal investigation if forensic DNA evidence is
   8-11  necessary for use as substantive evidence in the prosecution of a
   8-12  case.
   8-13        Sec. 411.147.  ACCESS TO DNA DATABASE INFORMATION.  (a)  The
   8-14  director by rule shall establish procedures:
   8-15              (1)  to prevent unauthorized access to the DNA
   8-16  database; and
   8-17              (2)  to release DNA records, specimens, or analyses
   8-18  from the DNA database.
   8-19        (b)  The director may adopt rules relating to the internal
   8-20  disclosure, access, or use of a sample, specimen, or DNA record in
   8-21  the department or a DNA laboratory.
   8-22        (c)  The department may release a DNA sample, analysis, or
   8-23  record only:
   8-24              (1)  to a criminal justice agency for law enforcement
   8-25  identification purposes;
   8-26              (2)  for a judicial proceeding, if otherwise admissible
   8-27  under law;
    9-1              (3)  for criminal defense purposes to a defendant, if
    9-2  related to the case in which the defendant is charged; or
    9-3              (4)  if personally identifiable information is removed,
    9-4  for:
    9-5                    (A)  a population statistics database;
    9-6                    (B)  identification research and protocol
    9-7  development; or
    9-8                    (C)  quality control.
    9-9        (d)  The director may release a record of the number of
   9-10  requests made for a defendant's DNA record and the name of the
   9-11  requesting person.
   9-12        (e)  A law enforcement agency may have access to DNA
   9-13  specimens through the agency's laboratory for law enforcement
   9-14  purposes.
   9-15        (f)  The director shall maintain a record of requests made
   9-16  under this section.
   9-17        Sec. 411.148.  DNA RECORDS OF CERTAIN INMATES.  (a)  An
   9-18  inmate of the institutional division or other penal institution
   9-19  shall provide one or more blood samples or other specimens taken by
   9-20  or at the request of the institutional division for the purpose of
   9-21  creating a DNA record if the inmate is ordered by a court to give
   9-22  the sample or specimen or is serving a sentence for:
   9-23              (1)  an offense under one or more of the following
   9-24  Penal Code provisions:
   9-25                    (A)  Section 21.11 (indecency with a child);
   9-26                    (B)  Section 22.011 (sexual assault);
   9-27                    (C)  Section 22.021 (aggravated sexual assault);
   10-1                    (D)  Section 20.04(a)(4) (aggravated kidnapping),
   10-2  if the defendant committed the offense with intent to violate or
   10-3  abuse the victim sexually; or
   10-4                    (E)  Section 30.02 (burglary), if the offense is
   10-5  punishable under Subsection (d) of that section and the defendant
   10-6  committed the offense with intent to commit a felony listed in
   10-7  Paragraph (A), (B), (C), or (D) of this subdivision; or
   10-8              (2)  any offense if the inmate has previously been
   10-9  convicted of:
  10-10                    (A)  an offense described in Subsection (a)(1);
  10-11  or
  10-12                    (B)  an offense under federal law or laws of
  10-13  another state that involves the same conduct as an offense
  10-14  described by Subsection (a)(1).
  10-15        (b)  The institutional division shall obtain the sample or
  10-16  specimen from an inmate of the division during the diagnostic
  10-17  process.  The institutional division shall obtain the sample or
  10-18  specimen from an inmate confined in another penal institution as
  10-19  soon as practicable if the Board of Pardons and Paroles informs the
  10-20  division that the inmate is likely to be paroled before being
  10-21  admitted to the division.  The administrator of the other penal
  10-22  institution shall cooperate with the institutional division as
  10-23  necessary to allow the institutional division to perform its duties
  10-24  under this section.
  10-25        (c)  The institutional division shall:
  10-26              (1)  preserve each blood sample or other specimen
  10-27  collected;
   11-1              (2)  maintain a record of the collection of the sample
   11-2  or specimen; and
   11-3              (3)  send the sample or specimen to the director for
   11-4  scientific analysis under this subchapter.
   11-5        (d)  An inmate may not be held past a statutory release date
   11-6  if the inmate fails or refuses to provide a blood sample or other
   11-7  specimen under this section.  A penal institution may take other
   11-8  lawful administrative action against the inmate.
   11-9        (e)  The institutional division shall notify the director
  11-10  that an inmate described by Subsection (a) is to be released from
  11-11  the institutional division not earlier than the 120th day before
  11-12  the inmate's release date and not later than the 90th day before
  11-13  the inmate's release date.
  11-14        Sec. 411.149.  VOLUNTARY SUBMISSION OF BLOOD SAMPLES.  A
  11-15  person may voluntarily submit a blood sample or other specimen to
  11-16  the department for the purpose of creating a DNA record under this
  11-17  subchapter.
  11-18        Sec. 411.150.  DNA RECORDS OF CERTAIN JUVENILES.  (a)  A
  11-19  juvenile who is committed to the Texas Youth Commission shall
  11-20  provide one or more blood samples or other specimens taken by or at
  11-21  the request of the commission for the purpose of creating a DNA
  11-22  record if the juvenile is ordered by a juvenile court to give the
  11-23  sample or specimen or is committed to the commission for an
  11-24  adjudication as having engaged in delinquent conduct that violates:
  11-25              (1)  one or more of the following Penal Code
  11-26  provisions:
  11-27                    (A)  Section 21.11 (indecency with a child);
   12-1                    (B)  Section 22.011 (sexual assault);
   12-2                    (C)  Section 22.021 (aggravated sexual assault);
   12-3                    (D)  Section 20.04(a)(4) (aggravated kidnapping),
   12-4  if the defendant committed the offense with the intent to violate
   12-5  or abuse the victim sexually; or
   12-6                    (E)  Section 30.02 (burglary), if the offense is
   12-7  punishable under Subsection (d) and the defendant committed the
   12-8  offense with the intent to commit a felony listed in Paragraph (A),
   12-9  (B), (C), or (D) of this subdivision; or
  12-10              (2)  a penal law if the juvenile has previously been
  12-11  adjudicated as having engaged in:
  12-12                    (A)  a violation of a penal law described in
  12-13  Subsection (a)(1); or
  12-14                    (B)  a violation of a penal law under federal law
  12-15  or the laws of another state that involves the same conduct as a
  12-16  violation of a penal law described by Subsection (a)(1).
  12-17        (b)  The department, in conjunction with the Texas Youth
  12-18  Commission, shall adopt rules regarding the collection,
  12-19  preservation, and shipment of a blood sample or other specimen of a
  12-20  juvenile described by this section.
  12-21        Sec. 411.151.  EXPUNCTION OF DNA RECORDS.  (a)  The director
  12-22  shall expunge a DNA record of a person from the DNA database if the
  12-23  person:
  12-24              (1)  notifies the director in writing that the DNA
  12-25  record has been ordered to be expunged under this section or
  12-26  Chapter 55, Code of Criminal Procedure; and
  12-27              (2)  provides the director with a certified copy of the
   13-1  court order that expunges the DNA record.
   13-2        (b)  A person may petition for the expunction of a DNA record
   13-3  under the procedures established under Article 55.02, Code of
   13-4  Criminal Procedure, if the person is entitled to the expunction of
   13-5  records relating to the offense to which the DNA record is related
   13-6  under Article 55.01, Code of Criminal Procedure.
   13-7        Sec. 411.152.  RULES.  The director may adopt rules necessary
   13-8  to administer or enforce this subchapter.
   13-9        Sec. 411.153.  CONFIDENTIALITY OF DNA RECORDS.  (a)  A DNA
  13-10  record stored in the DNA database is confidential and is not
  13-11  subject to disclosure under the open records law, Chapter 552.
  13-12        (b)  A person commits an offense if the person knowingly
  13-13  discloses information in a DNA record or information related to a
  13-14  DNA analysis of a blood specimen except as authorized by this
  13-15  chapter.  An offense under this subsection is a misdemeanor
  13-16  punishable by:
  13-17              (1)  a fine of not more than $1,000;
  13-18              (2)  confinement in the county jail for not more than
  13-19  six months; or
  13-20              (3)  both the fine and confinement.
  13-21        (c)  A violation under this section constitutes official
  13-22  misconduct.
  13-23        Sec. 411.154.  ENFORCEMENT BY COURT ORDER.  (a)  On the
  13-24  request of the director, a district or county attorney or the
  13-25  attorney general may petition a district court for an order
  13-26  requiring a person to:
  13-27              (1)  comply with this subchapter or a rule adopted
   14-1  under this subchapter; or
   14-2              (2)  refrain from acting in violation of this
   14-3  subchapter or a rule adopted under this subchapter.
   14-4        (b)  The court may issue an order requiring a person:
   14-5              (1)  to act in compliance with this subchapter or a
   14-6  rule adopted under this subchapter;
   14-7              (2)  to refrain from acting in violation of this
   14-8  subchapter or a rule adopted under this subchapter;
   14-9              (3)  to give a blood sample or other specimen; or
  14-10              (4)  if the person has already given a blood sample or
  14-11  other specimen, to give another sample if good cause is shown.
  14-12        (c)  An order issued under this section is appealable as a
  14-13  criminal matter and if appealed is to be reviewed under an abuse of
  14-14  discretion standard.
  14-15        SECTION 2.  Section 11(a), Article 42.12, Code of Criminal
  14-16  Procedure, as amended by Chapters 806 and 900, Acts of the 73rd
  14-17  Legislature, Regular Session, 1993, is amended to read as follows:
  14-18        (a)  The judge of the court having jurisdiction of the case
  14-19  shall determine the conditions of community supervision and may, at
  14-20  any time, during the period of community supervision alter or
  14-21  modify the conditions as provided by Sections 10 and 22 of this
  14-22  article. The judge may impose any reasonable condition that is
  14-23  designed to protect or restore the community, protect or restore
  14-24  the victim, or punish, rehabilitate, or reform the defendant.
  14-25  Conditions of community supervision may include, but shall not be
  14-26  limited to, the conditions that the defendant shall:
  14-27              (1)  Commit no offense against the laws of this State
   15-1  or of any other State or of the United States;
   15-2              (2)  Avoid injurious or vicious habits;
   15-3              (3)  Avoid persons or places of disreputable or harmful
   15-4  character;
   15-5              (4)  Report to the supervision officer as directed by
   15-6  the judge or supervision officer and obey all rules and regulations
   15-7  of the community supervision and corrections department;
   15-8              (5)  Permit the supervision officer to visit him at his
   15-9  home or elsewhere;
  15-10              (6)  Work faithfully at suitable employment as far as
  15-11  possible;
  15-12              (7)  Remain within a specified place;
  15-13              (8)  Pay his fine, if one be assessed, and all court
  15-14  costs whether a fine be assessed or not, in one or several sums;
  15-15              (9)  Support his dependents;
  15-16              (10)  Participate, for a time specified by the judge in
  15-17  any community-based program, including a community-service work
  15-18  program under Section 16 of this article;
  15-19              (11)  Reimburse the county in which the prosecution was
  15-20  instituted for compensation paid to appointed counsel for defending
  15-21  him in the case, if counsel was appointed, or if he was represented
  15-22  by a county-paid public defender, in an amount that would have been
  15-23  paid to an appointed attorney had the county not had a public
  15-24  defender;
  15-25              (12)  Remain under custodial supervision in a community
  15-26  corrections facility, obey all rules and regulations of such
  15-27  facility, and pay a percentage of his income to the facility for
   16-1  room and board;
   16-2              (13)  Pay a percentage of his income to his dependents
   16-3  for their support while under custodial supervision in a community
   16-4  corrections facility;
   16-5              (14)  Submit to testing for alcohol or controlled
   16-6  substances;
   16-7              (15)  Attend counseling sessions for substance abusers
   16-8  or participate in substance abuse treatment services in a program
   16-9  or facility approved or licensed by the Texas Commission on Alcohol
  16-10  and Drug Abuse;
  16-11              (16)  Register under Article 6252-13c.1, Revised
  16-12  Statutes;
  16-13              (17)  With the consent of the victim of a misdemeanor
  16-14  offense or of any offense under Title 7, Penal Code,  participate
  16-15  in victim-defendant mediation;
  16-16              (18) <(19)>  Submit to electronic monitoring;
  16-17              (19) <(20)>  Reimburse the general revenue fund <crime
  16-18  victims compensation fund created under the Crime Victims
  16-19  Compensation Act (Article 8309-1, Vernon's Texas Civil Statutes)>
  16-20  for any amounts paid under the Crime Victims' Compensation Act
  16-21  (Subchapter B, Chapter 56, of this code) from that fund to a
  16-22  victim, as defined by Article 56.01 of this code, of the
  16-23  defendant's offense;
  16-24              (20) <(21)>  Reimburse a law enforcement agency for the
  16-25  analysis, storage, or disposal of raw materials, controlled
  16-26  substances, chemical precursors, drug paraphernalia, or other
  16-27  materials seized in connection with the offense;
   17-1              (21) <(22)>  Pay all or part of the reasonable and
   17-2  necessary costs incurred by the victim for psychological counseling
   17-3  made necessary by the offense or for counseling and education
   17-4  relating to acquired immune deficiency syndrome or human
   17-5  immunodeficiency virus made necessary by the offense; <and>
   17-6              (22) <(23)>  Make one payment in an amount not to
   17-7  exceed $50 to a local crime stoppers program as defined by Section
   17-8  414.001, Government Code, and as certified by the Crime Stoppers
   17-9  Advisory Council; and
  17-10              (23)  Submit a blood sample or other specimen to the
  17-11  Department of Public Safety under Subchapter G, Chapter 411,
  17-12  Government Code, for the purpose of creating a DNA record of the
  17-13  defendant.
  17-14        SECTION 3.  (a)  The director of the Department of Public
  17-15  Safety shall adopt the rules required by Subchapter G, Chapter 411,
  17-16  Government Code, as added by this Act, not later than January 1,
  17-17  1996.
  17-18        (b)  The requirement that the institutional division of the
  17-19  Texas Department of Criminal Justice collect a blood sample or
  17-20  other specimen during the diagnostic process from an inmate
  17-21  described by Section 411.148(a), Government Code, as added by this
  17-22  Act, applies only to an inmate who has not completed the diagnostic
  17-23  process before February 1, 1996.  The division shall collect a
  17-24  blood sample from an inmate confined in the division who has
  17-25  completed the diagnostic process before February 1, 1996, not later
  17-26  than the 90th day before the inmate's earliest parole eligibility
  17-27  date, unless the inmate's earliest parole eligibility date is
   18-1  before May 1, 1996, in which event the division shall collect the
   18-2  sample as soon as possible after February 1, 1996.
   18-3        SECTION 4.  (a)  The change in law made by this Act to
   18-4  Section 11(a), Article 42.12, Code of Criminal Procedure, applies
   18-5  only to a person convicted of an offense committed on or after
   18-6  January 1, 1996.  For the purpose of this section, an offense is
   18-7  committed before January 1, 1996, if any element of the offense
   18-8  occurs before that date.
   18-9        (b)  A person convicted of an offense committed before
  18-10  January 1, 1996, is covered by the law in effect immediately before
  18-11  this Act takes effect, and the former law is continued in effect
  18-12  for that purpose.
  18-13        SECTION 5.  (a)  The requirement that the Texas Youth
  18-14  Commission collect a blood sample or other specimen from a juvenile
  18-15  described by Section 411.150, Government Code, as added by this
  18-16  Act, applies only to a juvenile who is adjudicated for conduct
  18-17  violating a penal law of the state that occurs on or after January
  18-18  1, 1996.  For purposes of this section, conduct violating a penal
  18-19  law of the state occurs before January 1, 1996, if any element of
  18-20  the violation occurs before that date.
  18-21        (b)  A juvenile adjudicated for conduct violating a penal law
  18-22  of the state that occurs before January 1, 1996, is covered by the
  18-23  law in effect immediately before this Act takes effect, and the
  18-24  former law is continued in effect for that purpose.
  18-25        SECTION 6.  This Act takes effect September 1, 1995.
  18-26        SECTION 7.  The importance of this legislation and the
  18-27  crowded condition of the calendars in both houses create an
   19-1  emergency and an imperative public necessity that the
   19-2  constitutional rule requiring bills to be read on three several
   19-3  days in each house be suspended, and this rule is hereby suspended.