By McCall H.B. No. 3215 76R8019 GWK-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the methods by which the Texas Department of Criminal 1-3 Justice and the Texas Youth Commission obtain samples or specimens 1-4 for the purpose of creating a DNA record. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Section 411.148, Government Code, is amended by 1-7 adding Subsections (f)-(h) to read as follows: 1-8 (f) A medical staff employee of the institutional division 1-9 may obtain a voluntary sample or specimen from any inmate. 1-10 (g) An employee of the institutional division may use force 1-11 against an inmate required to provide a sample under this section 1-12 when and to the degree the employee reasonably believes the force 1-13 is immediately necessary to obtain the sample or specimen. 1-14 (h) The Texas Department of Criminal Justice may contract 1-15 with an individual or entity for the provision of phlebotomy 1-16 services under this section. 1-17 SECTION 2. Section 411.150, Government Code, is amended by 1-18 adding Subsections (c)-(f) to read as follows: 1-19 (c) The Texas Youth Commission shall: 1-20 (1) obtain blood samples or other specimens from 1-21 juveniles under this section; 1-22 (2) preserve each sample or other specimen collected; 1-23 (3) maintain a record of the collection of the sample 1-24 or specimen; and 2-1 (4) send the sample or specimen to the director for 2-2 scientific analysis under this subchapter. 2-3 (d) A medical staff employee of the Texas Youth Commission 2-4 may obtain a voluntary sample or specimen from any juvenile. 2-5 (e) An employee of the Texas Youth Commission may use force 2-6 against a juvenile required to provide a sample under this section 2-7 when and to the degree the employee reasonably believes the force 2-8 is immediately necessary to obtain the sample or specimen. 2-9 (f) The Texas Youth Commission may contract with an 2-10 individual or entity for the provision of phlebotomy services under 2-11 this section. 2-12 SECTION 3. This Act takes effect September 1, 1999. 2-13 SECTION 4. The importance of this legislation and the 2-14 crowded condition of the calendars in both houses create an 2-15 emergency and an imperative public necessity that the 2-16 constitutional rule requiring bills to be read on three several 2-17 days in each house be suspended, and this rule is hereby suspended.