1. (a) This section applies only to a person who is required to register under Chapter 62 or 65, Code of Criminal Procedure.

2. (b) The department by rule shall require a law enforcement agency serving as a person's primary registration authority under Chapter 62 or 65, Code of Criminal Procedure, to:

   1. (1) take one or more specimens from a person described by Subsection (a) for the purpose of creating a DNA record; and
   2. (2) preserve the specimen and maintain a record of the collection of the specimen.

3. (c) A law enforcement agency taking a specimen under this section may:

   1. (1) send the specimen to the director;
   2. (2) send to the director an analysis of the specimen performed by a laboratory chosen by the agency and approved by the director; or
   3. (3) send to the director a rapid DNA analysis of the specimen if the director has authorized the agency to perform the analysis.
4. (d) A law enforcement agency is not required to take and a person is not required to provide a specimen under this section if the person is required to and has provided a specimen under this chapter or other law.

Added by Acts 2005, 79th Leg., Ch. 1008 (H.B. 867), Sec. 1.05, eff. September 1, 2005.

Acts 2023, 88th Leg., R.S., Ch. 935 (S.B. 1518), Sec. 2, eff. September 1, 2023.

Acts 2023, 88th Leg., R.S., Ch. 935 (S.B. 1518), Sec. 3, eff. September 1, 2023.

Acts 2025, 89th Leg., R.S., Ch. 853 (S.B. 1723), Sec. 9, eff. June 20, 2025.