The institutional division shall obtain the sample of specimen from an inmate of the institutional division during the diagnostic process. The requirement that the institutional division of the Texas Department of Criminal Justice collect a blood sample or other specimen during the diagnostic process from an inmate described by §28.41 of this title (relating to Collection of DNA Specimens Required of Certain Inmates) applies only to an inmate who has not completed the diagnostic process before February 1, 1996. The division shall collect a blood sample from an inmate confined in the division who has completed the diagnostic process before February 1, 1996, not later than the 90th day before the inmate's earliest parole eligibility date, unless the inmate's earliest parole eligibility date is before May 1, 1996, in which event the division shall collect the sample as soon as possible after February 1, 1996.

Source Note:The provisions of this §28.42 adopted to be effective June 27, 1996, 21 TexReg 5748.