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A BILL TO BE ENTITLED
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AN ACT
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relating to the testing of evidence for controlled substances by |
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the Department of Public Safety. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 411, Government Code, is amended by |
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adding Subchapter G-2 to read as follows: |
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SUBCHAPTER G-2. EVIDENCE TESTING FOR CONTROLLED SUBSTANCES |
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Sec. 411.166. DEFINITION. In this subchapter, "controlled |
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substance" has the meaning assigned by Section 481.002, Health and |
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Safety Code. |
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Sec. 411.167. TESTING REQUIRED. (a) The department shall |
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test evidence that may contain a controlled substance that is |
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submitted to the department by an attorney representing the state |
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in connection with a criminal action to be tested by the |
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department's laboratory using validated laboratory procedures and |
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sampling protocols to determine whether the substance is a |
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controlled substance. |
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(b) The department shall conduct the testing described by |
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Subsection (a) regardless of: |
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(1) the amount of the evidence suspected to contain a |
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controlled substance seized in connection with the offense that is |
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the subject of the criminal action; or |
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(2) the category of offense with which the defendant |
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in the criminal action is charged or may be charged. |
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Sec. 411.168. FAILURE TO TEST; REIMBURSEMENT OF ATTORNEY |
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REPRESENTING THE STATE. If the testing required under this |
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subchapter is not completed before the 180th day after the date the |
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department received the evidence to be tested, the department |
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shall: |
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(1) return the evidence submitted for testing to the |
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appropriate attorney representing the state; and |
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(2) reimburse the attorney representing the state for |
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the cost of having the evidence tested by an independent |
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laboratory. |
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SECTION 2. The change in law made by this Act applies only |
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to evidence submitted to the Department of Public Safety on or after |
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the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2025. |