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.