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.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3215 was passed by the House on May
7, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 3215 was passed by the Senate on May
20, 1999, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor