Tex. Gov't Code § 420.043 · Subchapter B-1. ANALYSIS OF EVIDENCE OF SEXUAL ASSAULT OR OTHER SEX OFFENSE
DATABASE COMPARISON REQUIRED.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Not later than the 30th day after the date an evidence collection kit containing biological evidence has been analyzed by an accredited crime laboratory and any necessary quality assurance reviews have been performed, except as provided by Subsection (b), the department shall compare the DNA profile obtained from the biological evidence with DNA profiles maintained in:
(1) state databases, including the DNA database maintained under Subchapter G, Chapter 411, if the amount and quality of the analyzed sample meet the requirements of the state database comparison policies; and
(2) the CODIS DNA database established by the Federal Bureau of Investigation, if the amount and quality of the analyzed sample meet the requirements of the bureau's CODIS comparison policies.
(a-1) An accredited crime laboratory that submits a DNA profile to the department to perform the comparison required under Subsection (a) shall monitor the accredited crime laboratory's database for any matches between the DNA profile submitted to the department and the DNA profiles contained in the databases described by Subsections (a)(1) and (2). For purposes of Section 420.0431, the date on which a match is displayed in an accredited crime laboratory's database is considered written notification of a match.
(b) If the evidence kit containing biological evidence is analyzed by a public accredited crime laboratory, the laboratory, instead of the department, may perform the comparison of DNA profiles required under Subsection (a) provided that:
(1) the laboratory performs the comparison not later than the 30th day after the date the analysis is complete and any necessary quality assurance reviews have been performed;
(2) the law enforcement agency that submitted the evidence collection kit containing biological evidence gives permission; and
(3) the laboratory meets applicable federal and state requirements to access the databases described by Subsection (a).
(c) The department may use appropriated funds to employ personnel and purchase equipment and technology necessary to comply with the requirements of this section.
Notes and commentary — not statutory text
History
Added by Acts 2011, 82nd Leg., R.S., Ch. 1105 (S.B. 1636), Sec. 5, eff. September 1, 2011.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 408 (H.B. 8), Sec. 8, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 884 (H.B. 4628), Sec. 1, eff. September 1, 2023.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/GV/htm/GV.420.htm
- Text hash
- sha256 93b4df4ad16a687bd1253bb7a885c4b10a6639ff714ad7a5395df41c7aa6231f
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 4 provisions
Provisions in this library whose text cites Tex. Gov't Code § 420.043. Each shows the citation as that text prints it.
Government Code
- Tex. Gov't Code § 420.003DEFINITIONS.Printed as Section 420.043
- Tex. Gov't Code § 420.042ANALYSIS OF EVIDENCE.Printed as Section 420.043(a) | Section 420.043(b)
- Tex. Gov't Code § 420.0431DUTIES FOLLOWING DATABASE DNA MATCH.Printed as Section 420.043
- Tex. Gov't Code § 420.0432SURVIVOR NOTIFICATION CONCERNING DATABASE DNA MATCH.Printed as Section 420.043
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.