TITLE 37. PUBLIC SAFETY AND CORRECTIONS

PART 1. TEXAS DEPARTMENT OF PUBLIC SAFETY

CHAPTER 28. DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES

SUBCHAPTER A. DEFINITIONS AND GENERAL CODIS PROVISIONS

37 TAC §§28.1, 28.2, 28.6

The Texas Department of Public Safety (the department) adopts amendments to §§28.1, 28.2, and 28.6, concerning Definitions and General CODIS Provisions. These sections are adopted without changes to the proposed text as published in the October 20, 2017, issue of the Texas Register (42 TexReg 5839) and will not be republished.

Pursuant to Government Code, §2001.039, the department reviewed this chapter and determined an update to these rules was necessary to improve clarity and update the rules in accordance with current statutes.

No comments were received regarding the adoption of these amendments.

These amendments are adopted pursuant to the director's rule-making authority in Texas Government Code, §§411.144(a), 411.146(c)(1), 411.147(a), 411.149, and 411.152(a) and (d), and §2001.039, which requires state agencies to review their rules and readopt, readopt with amendments, or repeal a rule as the result of reviewing the rule under this section.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 21, 2017.

TRD-201704751

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Effective date: December 11, 2017

Proposal publication date: October 20, 2017

For further information, please call: (512) 424-5848


SUBCHAPTER B. CODIS RESPONSIBILITIES OF THE DIRECTOR

37 TAC §§28.24, 28.26, 28.29

The Texas Department of Public Safety (the department) adopts amendments to §§28.24, 28.26, and 28.29, concerning CODIS Responsibilities of the Director. These sections are adopted without changes to the proposed text as published in the October 20, 2017, issue of the Texas Register (42 TexReg 5840) and will not be republished.

Pursuant to Government Code, §2001.039, the department reviewed this chapter and determined an update to these rules was necessary to improve clarity and update the rules in accordance with current statutes.

No comments were received regarding the adoption of these amendments.

These amendments are adopted pursuant to the director's rule-making authority in Texas Government Code, §411.147 and §2001.039, which requires state agencies to review their rules and readopt, readopt with amendments, or repeal a rule as the result of reviewing the rule under this section.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 21, 2017.

TRD-201704752

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Effective date: December 11, 2017

Proposal publication date: October 20, 2017

For further information, please call: (512) 424-5848


SUBCHAPTER C. CODIS RESPONSIBILITIES OF THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE

37 TAC §28.46, §28.47

The Texas Department of Public Safety (the department) adopts amendments to §28.46 and §28.47, concerning CODIS Responsibilities of the Texas Department of Criminal Justice. These sections are adopted without changes to the proposed text as published in the October 20, 2017, issue of the Texas Register (42 TexReg 5842) and will not be republished.

Pursuant to Government Code, §2001.039, the department reviewed this chapter and determined an update to these rules was necessary to improve clarity and update the rules in accordance with current statutes.

No comments were received regarding the adoption of these amendments.

These amendments are adopted pursuant to the director's rule-making authority in Texas Government Code, §§411.146, 411.148, 411.152(a), and §2001.039, which requires state agencies to review their rules and readopt, readopt with amendments, or repeal a rule as the result of reviewing the rule under this section.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 21, 2017.

TRD-201704753

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Effective date: December 11, 2017

Proposal publication date: October 20, 2017

For further information, please call: (512) 424-5848


SUBCHAPTER D. CODIS RESPONSIBILITIES OF THE TEXAS JUVENILE JUSTICE DEPARTMENT

37 TAC §28.66

The Texas Department of Public Safety (the department) adopts an amendment to §28.66, concerning Advance Notice of Release. This section is adopted without changes to the proposed text as published in the October 20, 2017, issue of the Texas Register (42 TexReg 5842) and will not be republished.

Pursuant to Government Code, §2001.039, the department reviewed this chapter and determined an update to these rules was necessary to improve clarity and update the rules in accordance with current statutes.

No comments were received regarding the adoption of this amendment.

This amendment is adopted pursuant to the director's rule-making authority in Texas Government Code, §§411.148(f-1), 411.152(a), and §2001.039, which requires state agencies to review their rules and readopt, readopt with amendments, or repeal a rule as the result of reviewing the rule under this section.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 21, 2017.

TRD-201704754

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Effective date: December 11, 2017

Proposal publication date: October 20, 2017

For further information, please call: (512) 424-5848


SUBCHAPTER F. FORENSIC DNA LABORATORIES

37 TAC §28.92

The Texas Department of Public Safety (the department) adopts amendments to §28.92, concerning Minimum Standards. This section is adopted without changes to the proposed text as published in the October 20, 2017, issue of the Texas Register (42 TexReg 5843) and will not be republished.

Pursuant to Government Code, §2001.039, the department reviewed this chapter and determined an update to these rules was necessary to improve clarity and update the rules in accordance with current statutes.

No comments were received regarding the adoption of these amendments.

These amendments are adopted pursuant to the director's rule-making authority in Texas Government Code, §411.144 and §2001.039, which requires state agencies to review their rules and readopt, readopt with amendments, or repeal a rule as the result of reviewing the rule under this section.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 21, 2017.

TRD-201704755

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Effective date: December 11, 2017

Proposal publication date: October 20, 2017

For further information, please call: (512) 424-5848


SUBCHAPTER G. CODIS USER LABORATORIES

37 TAC §§28.103, 28.107, 28.109

The Texas Department of Public Safety (the department) adopts amendments to §§28.103, 28.107, and 28.109, concerning CODIS User Laboratories. These sections are adopted without changes to the proposed text as published in the October 20, 2017, issue of the Texas Register (42 TexReg 5844) and will not be republished.

Pursuant to Government Code, §2001.039, the department reviewed this chapter and determined an update to these rules was necessary to improve clarity and update the rules in accordance with current statutes.

No comments were received regarding the adoption of these amendments.

These amendments are adopted pursuant to the director's rule-making authority in Texas Government Code, §§411.144, 411.146(c), and 2001.039, which require state agencies to review their rules and readopt, readopt with amendments, or repeal a rule as the result of reviewing the rule under this section.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 21, 2017.

TRD-201704756

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Effective date: December 11, 2017

Proposal publication date: October 20, 2017

For further information, please call: (512) 424-5848


SUBCHAPTER H. DATABASE RECORDS

37 TAC §§28.121 - 28.124, 28.130

The Texas Department of Public Safety (the department) adopts amendments to §§28.121 - 28.124, 28.130, concerning Database Records. These sections are adopted without changes to the proposed text as published in the October 20, 2017, issue of the Texas Register (42 TexReg 5845) and will not be republished.

Pursuant to Government Code, §2001.039, the department reviewed this chapter and determined an update to these rules was necessary to improve clarity and update the rules in accordance with current statutes.

No comments were received regarding the adoption of these amendments.

These amendments are adopted pursuant to the director's rule-making authority in Texas Government Code, §§411.144, 411.146, 411.1471, 411.152 and §2001.039, which requires state agencies to review their rules and readopt, readopt with amendments, or repeal a rule as the result of reviewing the rule under this section.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 21, 2017.

TRD-201704757

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Effective date: December 11, 2017

Proposal publication date: October 20, 2017

For further information, please call: (512) 424-5848


SUBCHAPTER L. CATALOGING, DELIVERY, AND DISPOSITION OF BIOLOGICAL EVIDENCE--COUNTY WITH POPULATION LESS THAN 100,000

37 TAC §28.193, §28.194

The Texas Department of Public Safety (the department) adopts amendments to §28.193 and §28.194, concerning Cataloging, Delivery, and Disposition of Biological Evidence--County with Population Less Than 100,000. These sections are adopted without changes to the proposed text as published in the October 20, 2017, issue of the Texas Register (42 TexReg 5846) and will not be republished.

Pursuant to Government Code, §2001.039, the department reviewed this chapter and determined an update to these rules was necessary to improve clarity and update the rules in accordance with current statutes.

No comments were received regarding the adoption of these amendments.

These amendments are adopted pursuant to the director's rule-making authority in Texas Government Code, §§411.144, 411.146(c)(1), 411.152 and §2001.039, which require state agencies to review their rules and readopt, readopt with amendments, or repeal a rule as the result of reviewing the rule under this section.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 21, 2017.

TRD-201704758

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Effective date: December 11, 2017

Proposal publication date: October 20, 2017

For further information, please call: (512) 424-5848