1. (a) Preservation. The agency collecting the restricted specimen shall use a preservation method and procedure approved by the director and described in the Restricted DNA Procedural Guidelines.
2. (b) Restricted DNA Database Card. The individual agency representative who collects the specimen shall complete the card in a manner approved by the director and described in the Restricted DNA Procedural Guidelines.
3. (c) Forwarding. The collecting agency shall forward the specimen together with the original Restricted DNA Database Card to the department or an approved lab no later than the end of the third business day after the collection.

4. (d) After forwarding. If the collecting agency forwards the specimen kit and its associated database card to an approved lab, the agency:

   1. (1) may request the lab to return a copy of the profile to the agency; and

   2. (2) must instruct the lab that the lab shall, as soon as is reasonably practicable after creating the profile, forward to the department:

      1. (A) the profile;
      2. (B) all remaining specimen material, including the unprocessed buccal swab and any remaining extracted DNA, and
      3. (C) all other original kit components, including the original database card.

5. (e) Acceptance or rejection. The department:

   1. (1) may accept a usable specimen that substantially complies with this subchapter;
   2. (2) may reject an unusable specimen that does not comply with this subchapter;
   3. (3) shall notify the submitting agency of any rejection; and
   4. (4) may destroy the rejected specimen, if it is unusable.
6. (f) Testing fee - DPS lab. The department shall absorb the cost of testing necessary to create a profile for a restricted specimen submitted directly to the DPS Crime Laboratory by the collecting agency.
7. (g) Testing fee - approved lab. The collecting agency shall initially pay the cost of testing necessary to create a profile for a restricted specimen submitted to an outside lab approved under this subchapter. The agency may then seek reimbursement from the criminal justice division of the governor's office under Code of Criminal Procedure, Article 102.056(e).
8. (h) Profile entry. The department shall enter the record's profile into its database.

Source Note:The provisions of this §28.106 adopted to be effective March 25, 2002, 27 TexReg 2241.