1. (a) Maintenance by agency. An agency collecting a restricted DNA specimen from an eligible individual shall maintain a record of the collection under this section, including a copy of the Restricted DNA Database Card and any associated record.

2. (b) Certification. The individual agency representative who collects the specimen shall certify compliance with the Restricted DNA Procedural Guidelines. The individual shall make the certification on a Restricted DNA Database Card completed at the time of collection. The card (LAB-13R) includes a certification that:

   1. (1) the individual is properly trained; and
   2. (2) the restricted specimen was taken in compliance with this subchapter.
3. (c) Retention period. Unless a court orders differently, the collecting agency shall retain the copy of the Restricted DNA Database Card and any associated record for a period of three years from the date of collection.
4. (d) Record segregation by agency. The department encourages but does not require a collecting agency to segregate restricted DNA records from any other type of DNA record that may be maintained by the agency.
5. (e) Maintenance by DPS. The department shall maintain a restricted DNA specimen and record under this subchapter using standard CODIS laboratory procedures.
6. (f) Record segregation by DPS. Except as provided by this subsection, the department shall segregate a restricted DNA record collected under this subchapter from other DNA records created and entered into the standard DNA database under other law. If Government Code, § 411.148 (DNA Records of Certain Inmates) or §411.150 (DNA Records of Certain Juveniles), require a standard DNA record to be created for inclusion in the standard database, segregation is no longer required and the department may enter the restricted DNA record into the standard DNA database.
7. (g) Access. An agency or other person may access a restricted DNA record in the same manner as a standard DNA record.

Source Note:The provisions of this §28.107 adopted to be effective March 25, 2002, 27 TexReg 2241.