TITLE 37. PUBLIC SAFETY AND CORRECTIONS

PART 1. TEXAS DEPARTMENT OF PUBLIC SAFETY

CHAPTER 9. PUBLIC SAFETY COMMUNICATIONS

SUBCHAPTER J. TEXAS POWER OUTAGE ALERT SYSTEM

The Texas Department of Public Safety (the department) proposes new rules at 37 Texas Administrative Code (TAC), Chapter 9, in new Subchapter J, §§9.111 - 9.114, concerning Texas Power Outage Alert System.

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 37 TAC, Chapter 9, Subchapter J, implement Texas Government Code, Chapter 411, Department of Public Safety of the State of Texas. The proposed rules specify the procedures to be used to issue a power outage alert to notify the public when the system-wide power supply in one or more power regions within Texas may be inadequate to meet demand. The proposed rules are necessary to implement Senate Bill 3, 87th Legislature, Regular Session (2021).

SECTION-BY-SECTION SUMMARY

The proposed rules add new §9.111, Purpose of Power Outage Alert, which outlines the purpose of the Power Outage Alert System.

The proposed rules add new §9.112, Requesting Agency Responsibility, which outlines the requesting agency's responsibilities when submitting a request to activate the Power Outage Alert System.

The proposed rules add new §9.113, Department Responsibility, which outlines the department's responsibilities when an agency submits a request to activate the Power Outage Alert System.

The proposed rules add new §9.114, Activation and Deactivation, which details how the Power Outage Alert System will be activated and deactivated.

FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT

Sabrina Dunne, Texas Alert Program Manager, Homeland Security Division, has determined that for each year of the first five years the proposed rules are in effect, there are no estimated additional costs or reductions in costs to state or local government as a result of enforcing or administering the proposed rules. Ms. Dunne has determined that for each year of the first five years the proposed rules are in effect, there is no estimated increase or loss in revenue to the state or local government as a result of enforcing or administering the proposed rules.

LOCAL EMPLOYMENT IMPACT STATEMENT

Because Ms. Dunne has determined that the proposed rules will not affect a local economy, the department is not required to prepare a local employment impact statement under Texas Government Code, §2001.022.

PUBLIC BENEFITS

Ms. Dunne has determined that for each year of the first five-year period the proposed rules are in effect, the public benefit will be improved public health and safety by notifying the public when the power supply in Texas may be inadequate to meet demand.

PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL

Ms. Dunne has determined that for each year of the first five-year period the proposed rules are in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rules.

FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES

There will be no adverse economic effect on small businesses, micro-businesses, or rural communities as a result of the proposed rules. Because the department has determined that the proposed rules will have no adverse economic effects on small businesses, micro-businesses, or rural communities, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under Texas Government Code, §2006.002, is not required.

ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT

The proposed rules do not have a fiscal note that imposes a cost on regulated persons, including another state agency, a special district, or a local government. Therefore, the department is not required to take any further action under Texas Government Code, §2001.0045.

GOVERNMENT GROWTH IMPACT STATEMENT

Pursuant to Texas Government Code, §2001.0221, the department provides the following Government Growth Impact Statement for the proposed rules. For each year of the first five years the proposed rules will be in effect, the department has determined the following:

1. The proposed rules do not create or eliminate a government program.

2. Implementation of the proposed rules does not require the creation of new employee positions or the elimination of existing employee positions.

3. Implementation of the proposed rules does not require an increase or decrease in future legislative appropriations to the agency.

4. The proposed rules do not require an increase or decrease in fees paid to the agency.

5. The proposed rules create a new regulation.

6. The proposed rules do not expand, limit, or repeal an existing regulation.

7. The proposed rules do not increase or decrease the number of individuals subject to the rules' applicability.

8. The proposed rules do not positively or adversely affect this state's economy.

TAKINGS IMPACT ASSESSMENT

The department has determined that no private real property interests are affected by the proposed rules and the proposed rules do not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. As a result, the proposed rules do not constitute a taking or require a takings impact assessment under Texas Government Code, §2007.043.

PUBLIC COMMENTS AND INFORMATION RELATED TO THE COST, BENEFIT, OR EFFECT OF THE PROPOSED RULES

The department is requesting public comments on the proposed rules and information related to the cost, benefit, or effect of the proposed rules, including any applicable data, research, or analysis. Any information that is submitted in response to this request must include an explanation of how and why the submitted information is specific to the proposed rules. Please do not submit copyrighted, confidential, or proprietary information. Comments on the proposed rules and responses to the request for information may be submitted to: Sabrina Dunne, Texas Alert Program Manager, 6100 Guadalupe Street, Bldg. E, Austin, Texas 78752, or by email to Sabrina.Dunne@dps.texas.gov. Email submission only is preferred. The deadline for comments is 30 days after publication in the Texas Register.

STATUTORY AUTHORITY

The proposed rules are proposed under Texas Government Code, §411.302, which requires the director to adopt rules and issue directives as necessary to ensure proper implementation of the power outage alert. The legislation that enacted the statutory authority under which the proposed rules are proposed to be adopted is Senate Bill 3, 87th Legislature, Regular Session (2021).

The statutory provisions affected by the proposed rules are those set forth in Texas Government Code, §§411.301- 411.308.

§9.111. Purpose of Power Outage Alert.

The Power Outage Alert System is a statewide emergency alert system used to notify the public when the power supply in Texas may be inadequate to meet demand. A Power Outage Alert may be activated regionally or statewide, depending on the affected area. The Public Utility Commission of Texas has adopted criteria for the content, activation, and termination of a Power Outage Alert, which is outlined in 16 TAC §25.57 (relating to Power Outage Alert Criteria). Upon identifying a power supply concern and confirming the criteria for a Power Outage Alert has been met, the Public Utility Commission of Texas (or an independent organization certified under Texas Utilities Code, §39.151) may request the department activate a Power Outage Alert to share public safety information with individuals in the affected area(s).

§9.112. Requesting Agency Responsibility.

Upon determining the criteria outlined in 16 TAC §25.57 (relating to Power Outage Alert Criteria) has been met, the Public Utility Commission of Texas (or an independent organization certified under Utilities Code, §39.151) may request statewide or regional activation of the Power Outage Alert System by submitting the department's power outage alert request form, available on the department's website. The agency requesting the Power Outage Alert must provide information and messaging to be included in the content of the alert, as outlined by 16 TAC §25.57(f).

§9.113. Department Responsibility.

The department must review a request for activation to confirm the request meets the criteria for activation and activate the system if the requesting agency has established that statutory criteria has been satisfied. The power outage alert must include a statement that electricity customers may experience a power outage.

§9.114. Activation and Deactivation.

The Power Outage Alert System activation and deactivation must be made according to the procedures specified in the current Power Outage Alert standard operating guidelines, as well as the criteria adopted by the Public Utility Commission of Texas outlined in 16 TAC §25.57 (relating to Power Outage Alert Criteria).

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on October 15, 2026.

TRD-202604376

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: November 29, 2026

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

SUBCHAPTER K. TEXAS ACTIVE SHOOTER ALERT SYSTEM

37 TAC §§9.121 - 9.124

The Texas Department of Public Safety (the department) proposes new rules at 37 Texas Administrative Code (TAC), Chapter 9, in new Subchapter K, §§9.121 - 9.124, concerning Texas Active Shooter Alert System.

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 37 TAC, Chapter 9, Subchapter K, implement Texas Government Code, Chapter 411, Department of Public Safety of the State of Texas. The proposed rules specify the procedures to be used to issue an active shooter alert to notify the public in proximity to an active shooter situation. The proposed rules are necessary to implement House Bill 103, 87th Legislature, Regular Session (2021).

SECTION-BY-SECTION SUMMARY

The proposed rules add new §9.121, Purpose of Active Shooter Alert, which outlines the purpose of the Active Shooter Alert.

The proposed rules add new §9.122, Local Law Enforcement Responsibility, which outlines the local law enforcement's responsibilities when submitting a request to activate the Active Shooter Alert.

The proposed rules add new §9.123, Department Responsibility, which outlines the department's responsibilities when local law enforcement submits a request to activate the Active Shooter Alert.

The proposed rules add new §9.124, Deactivation, which details how the Active Shooter Alert will be deactivated.

FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT

LOCAL EMPLOYMENT IMPACT STATEMENT

PUBLIC BENEFITS

Ms. Dunne has determined that for each year of the first five-year period the proposed rules are in effect, the public benefit will be improved public safety by rapidly notifying the public of an active shooter incident in the area and providing critical public safety and emergency information.

PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL

FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES

There will be no adverse economic effect on small businesses, micro-businesses, or rural communities as a result of the proposed rules. Because the department has determined that the proposed rules will have no adverse economic effect on small businesses, micro-businesses, or rural communities, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under Texas Government Code, §2006.002, is not required.

ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT

GOVERNMENT GROWTH IMPACT STATEMENT

1. The proposed rules do not create or eliminate a government program.

2. Implementation of the proposed rules does not require the creation of new employee positions or the elimination of existing employee positions.

3. Implementation of the proposed rules does not require an increase or decrease in future legislative appropriations to the agency.

4. The proposed rules do not require an increase or decrease in fees paid to the agency.

5. The proposed rules create a new regulation.

6. The proposed rules do not expand, limit, or repeal an existing regulation.

7. The proposed rules do not increase or decrease the number of individuals subject to the rules' applicability.

8. The proposed rules do not positively or adversely affect this state's economy.

TAKINGS IMPACT ASSESSMENT

PUBLIC COMMENTS AND INFORMATION RELATED TO THE COST, BENEFIT, OR EFFECT OF THE PROPOSED RULES

The department is requesting public comments on the proposed rules and information related to the cost, benefit, or effect of the proposed rules, including any applicable data, research, or analysis. Any information that is submitted in response to this request must include an explanation of how and why the submitted information is specific to the proposed rules. Please do not submit copyrighted, confidential, or proprietary information. Comments on the proposed rules and responses to the request for information may be submitted to Sabrina Dunne, Texas Alert Program Manager, 6100 Guadalupe Street, Building E, Austin, Texas 78752, or by email to Sabrina.Dunne@dps.texas.gov. Email submission only is preferred. The deadline for comments is 30 days after publication in the Texas Register.

STATUTORY AUTHORITY

The proposed rules are proposed under Texas Government Code, §411.373, which requires the director to adopt rules and issue directives as necessary to ensure proper implementation of the alert system. The legislation that enacted the statutory authority under which the proposed rules are proposed to be adopted is House Bill 103, 87th Legislature, Regular Session (2021).

The statutory provisions affected by the proposed rules are those set forth in Texas Government Code, §§411.371 - 411.380.

§9.121. Purpose of Active Shooter Alert.

The Texas Active Shooter Alert System was developed as an emergency response system to notify the public of active shooter situations in affected areas.

§9.122. Local Law Enforcement Responsibility.

(a) A local law enforcement agency with jurisdiction over the incident or as the department determines appropriate to assist a local law enforcement agency may immediately contact the department to request activation of the Active Shooter Alert System when its preliminary investigation clearly establishes that all statutory criteria have been satisfied.

(b) The alert system activation criteria have been satisfied when the local law enforcement agency:

(1) believes an active shooter is in the agency's jurisdiction;

(2) determines an alert would assist individuals near the active shooter's location;

(3) verifies the active shooter situation through a preliminary investigation; and

(4) provides the active shooter's last known location and any identifiable information for the active shooter.

(c) The local law enforcement agency must contact the department and submit the appropriate department form, available on the department's website, to request activation.

(d) The local law enforcement agency may provide specific language for the alert message to the public where feasible.

§9.123. Department Responsibility.

The department must activate the system when it confirms a preliminary investigation by the local law enforcement agency has occurred or as the department determines appropriate to assist a local law enforcement agency regarding an active shooter and has clearly established that all statutory criteria have been satisfied. Alert system activations will be made according to the procedures specified in the current Active Shooter Alert System standard operating guidelines.

§9.124. Deactivation.

(a) The department must terminate any Active Shooter Alert System activation if:

(1) the active shooter situation is resolved; or

(2) the department or a local law enforcement agency determines the alert system is no longer an effective tool for providing relevant information to the public about the active shooter.

(b) Alert system deactivations will be made according to the procedures specified in the current Active Shooter Alert System standard operating guidelines.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on October 15, 2026.

TRD-202604377

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: November 29, 2026

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

CHAPTER 19. BREATH ALCOHOL TESTING REGULATIONS

SUBCHAPTER A. BREATH ALCOHOL TESTING REGULATIONS

37 TAC §§19.4 - 19.6

The Texas Department of Public Safety (the department) proposes amendments to existing rules at 37 Texas Administrative Code (TAC), Chapter 19, Subchapter A, §§19.4 - 19.6, concerning Breath Alcohol Testing Regulations.

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 37 TAC, Chapter 19, Subchapter A, implement Texas Government Code, Chapter 411, Department of Public Safety of the State of Texas, and Texas Transportation Code, Chapter 724, Implied Consent. The proposed rules clarify applicant responsibility to disclose certain information, specify that a technical supervisor certification may be inactivated for cause, specify that a course provider must ensure student eligibility, specify that a course provider must request approval for changes to approved curriculum, and make other grammatical and organizational updates.

SECTION-BY-SECTION SUMMARY

The proposed rule amends §19.4, Operator Certification. The proposed rule clarifies an applicant's responsibility to provide certain information to a course instructor and replaces outdated department organization references with the director's designee.

The proposed rule amends §19.5, Technical Supervisor Certification. The proposed rule makes grammatical changes to improve readability; specifies that a technical supervisor certification may be inactivated by the scientific director for cause; replaces outdated department organization references with the director's designee; and corrects a numbering error.

The proposed rule amends §19.6, Approval of Courses of Instruction. The proposed rule updates human subject terminology; specifies that the course provider must ensure student eligibility prior to start of the course; and specifies that a course provider must request approval from the scientific director before making any changes to an approved curriculum.

FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT

Alice Amilhat, Assistant Chief, Crime Laboratory Division, has determined that for each year of the first five years the proposed rules are in effect, there are no estimated additional costs or reductions in costs to state or local government as a result of enforcing or administering the proposed rules. Ms. Amilhat has determined that for each year of the first five years the proposed rules are in effect, there is no estimated increase or loss in revenue to the state or local government as a result of enforcing or administering the proposed rules.

LOCAL EMPLOYMENT IMPACT STATEMENT

Because Ms. Amilhat has determined that the proposed rules will not affect a local economy, the department is not required to prepare a local employment impact statement under Texas Government Code, §2001.022.

PUBLIC BENEFITS

Ms. Amilhat has determined that for each year of the first five-year period the proposed rules are in effect, the public benefit will be clarification of current breath alcohol testing requirements and practices.

PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL

Ms. Amilhat has determined that for each year of the first five-year period the proposed rules are in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rules.

FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES

There will be no adverse economic effect on small businesses, micro-businesses, or rural communities as a result of the proposed rules. Because the department has determined that the proposed rule will have no adverse economic effect on small businesses, micro-businesses, or rural communities, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under Texas Government Code, §2006.002, is not required.

ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT

GOVERNMENT GROWTH IMPACT STATEMENT

1. The proposed rules do not create or eliminate a government program.

2. Implementation of the proposed rules does not require the creation of new employee positions or the elimination of existing employee positions.

3. Implementation of the proposed rules does not require an increase or decrease in future legislative appropriations to the agency.

4. The proposed rules do not require an increase or decrease in fees paid to the agency.

5. The proposed rules do not create a new regulation.

6. The proposed rules expand, limit, or repeal an existing regulation.

7. The proposed rules do not increase or decrease the number of individuals subject to the rules' applicability.

8. The proposed rules do not positively or adversely affect this state's economy.

TAKINGS IMPACT ASSESSMENT

PUBLIC COMMENTS AND INFORMATION RELATED TO THE COST, BENEFIT, OR EFFECT OF THE PROPOSED RULES

The department is requesting public comments on the proposed rules and information related to the cost, benefit, or effect of the proposed rules, including any applicable data, research, or analysis. Any information that is submitted in response to this request must include an explanation of how and why the submitted information is specific to the proposed rules. Please do not submit copyrighted, confidential, or proprietary information. Comments on the proposed rules and responses to the request for information may be submitted to Frances Navejas, Crime Laboratory Division, Texas Department of Public Safety, 5800 Guadalupe Street, Austin, Texas 78752, or by email to Frances.Navejas@dps.texas.gov. Email submission only is preferred. The deadline for comments is 30 days after publication in the Texas Register.

STATUTORY AUTHORITY

The proposed rules are proposed under Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work. The proposed rules are also proposed under Texas Transportation Code, §724.003, which requires the department to adopt rules to administer the chapter, and §724.016, which authorizes the department to adopt rules related to the taking of a breath specimen, including specifying the qualifications of an individual to perform a breath specimen analysis and the analytical methods.

The statutory provisions affected by the proposed rules are those set forth in Texas Government Code, §411.004(3), and Texas Transportation Code, §724.003 and §724.016.

§19.4. Operator Certification.

(a) Certification.

(1) Prior to certification an applicant must establish an [~~proof of~~] association, or pending association with: a law enforcement agency, or a laboratory, actively engaged in evidential breath alcohol testing, or a certified school of instruction in Texas, or a [~~proof of~~] pending association upon receipt of certification.

(2) Conviction history:

(A) persons convicted of a felony or a Class A misdemeanor shall not be eligible to be a certified operator;

(B) persons convicted of a Class B misdemeanor within the last 10 years shall not be eligible to be a certified operator;

(C) persons receiving a driver license suspension or a denial to issue a driver license for refusal to submit to the taking of a specimen per the provisions of Texas Transportation Code, Chapter 724 or Chapter 522 within the last 5 years shall not be eligible to be a certified operator.

(3) Prior to initial certification as a breath test operator, an applicant must successfully complete a course of instruction meeting the criteria set forth in §19.6 of this title (relating to Approval of Courses of Instruction). An applicant must inform the course instructor if the applicant does not meet the requirements for certification under subsections (a)(1) or (2) of this section. An applicant must notify the course instructor if the applicant was previously certified or denied certification as a breath test operator in Texas. Failure to disclose this information may result in certification inactivation or suspension.

(4) Prior to certification as an operator of a breath alcohol testing instrument, an applicant must satisfactorily meet the criteria, set forth by the scientific director or a designated representative, as detailed in this paragraph:

(A) a written examination;

(B) establish competency in the operation of the instrument on which the operator is to be certified and the proper completion of all required reports and records;

(C) failure of the written examination and/or failure to establish competency in the operation of the instrument will cause the applicant to be ineligible for reexamination for a period of 30 days. A subsequent failure of either criteria will require that the candidate attend and satisfactorily complete the initial course of instruction for certification of a breath test operator.

(5) Upon successful completion of the requirements for certification, the scientific director will issue the individual an operator certificate for a period of time designated by the scientific director or until the next examination for renewal unless inactivated or suspended.

(6) If an operator is certified to operate a specific brand and/or model of equipment and is required to be certified on an additional brand and/or model of equipment, the scientific director may waive portions of this section and only require instruction needed to acquaint the applicant with proper operation of the new brand and/or model of equipment.

(b) Renewal of current certification. In order to maintain current certification, the operator is required to renew certification prior to its expiration date. The minimum requirement for renewal of operator certification will be:

(1) The proper completion of any combination of five subject and/or practice tests as defined in the Texas Breath Alcohol Testing Program Operator Manual since the last issuance of an operator certificate per the provisions of subsection (a)(5) or (b)(5) of this section.

(2) The satisfactory biennial completion of a course of instruction, the contents of which should include, but not be limited to, topics such as:

(A) a brief review of the theory and operation of the breath alcohol test equipment;

(B) a detailed review of the breath alcohol analysis and reporting procedures;

(D) a review of current issues in the field of breath alcohol testing;

(E) a written examination

(3) Renewal of certification will be denied and current certification will be inactivated in accordance with subsection (d) of this section when the operator:

(A) fails to properly complete a minimum of five tests in accordance with subsection (b)(1) of this section; or

(B) fails the written examination.

(4) An operator who fails renewal will be given the reason for failure and is not eligible to be reexamined for a period of 30 days. Reexamination will be pursuant to subsection (a)(4) of this section. A resulting failure will require that the operator attend and satisfactorily complete the initial course of instruction for certification of a breath test operator in order to regain current certification.

(5) Upon successful completion of the requirements for renewal of certification, the scientific director will issue the individual an operator certificate for a period of time designated by the scientific director or until next examination for renewal unless inactivated or suspended.

(1) The scientific director, or a designated representative, or the operator's technical supervisor may at any time require an operator to demonstrate proficiency in the proper operation of the instrument and analysis reporting procedures.

(2) It is the responsibility of the operator to maintain proficiency.

(3) Failure to pass a proficiency test will result in the suspension of the operator's certification for 30 days.

(d) Certification inactivation and suspension.

(1) Inactivation may be initiated by the certified operator in case of voluntary surrender of certification or by anyone with the authority to suspend. The technical supervisor or operator shall, without delay, notify the office of the scientific director of any such inactivation. Challenges to involuntary inactivation will be resolved at the discretion of the scientific director. Inactivation will be utilized, but is not limited to, as provided in this paragraph:

(A) an operator transfers to a position where certification as a breath test operator is no longer desired;

(B) an operator fails to renew certification prior to its expiration;

(D) administrative program control to safeguard the scientific integrity of the breath alcohol testing program.

(2) Suspension of certification will be utilized when the scientific director and/or a technical supervisor determines an operator intentionally or purposefully disregards or violates these regulations, or commits a violation of law relating to breath testing, or falsely or deceitfully obtains certification, or for malfeasance or noncompliance with any provision of these regulations, or when in the technical supervisor's judgment the operator's performance is unreliable or the operator is incompetent.

(A) The technical supervisor shall, without delay, notify the scientific director in writing of any such suspension and furnish a copy of such notice to the suspended operator and the operator's appropriate supervisor or department head. The suspended operator shall not be permitted to operate the instrument until such time as certification has been restored pursuant to subsection (e) of this section.

(B) Upon receipt of the notification of suspension, the scientific director shall initiate, if not previously completed, an inquiry culminating in sustaining the suspension or setting aside the suspension.

(C) The minimum period of suspension as determined by the scientific director will be for a period of time not less than 30 days. The technical supervisor or a designated representative of the scientific director may recommend a specific period of suspension to the scientific director.

(D) Due to the immediate nature and the procedure for appeal, the individual initiating the suspension shall not be required to confer, consult, or obtain permission or approval from anyone prior to the initiation of the suspension. However, all suspensions must be consistent with procedures outlined in this subchapter.

(3) An operator whose certification has been suspended may appeal such action in writing to the director's designee [~~assistant director of the major division responsible for crime laboratory activities, Texas Department of Public Safety~~], who will determine if the action of the scientific director will be affirmed or set aside. The director's designee [~~assistant director~~] may reinstate the certification under such conditions as deemed necessary and notify the scientific director in writing.

(e) Recertification. Certification that has been inactivated or suspended must be regained before evidential analyses may be administered. Recertification shall take place as detailed in this subsection:

(1) recertification after inactivation for the failure to complete the renewal process prior to the expiration of current certification will be pursuant to subsection (a)(4) of this section;

(2) recertification after inactivation or suspension will be pursuant to subsection (a)(4) of this section;

(3) recertification after a change in instrumentation or testing methodologies will be at the discretion of the scientific director, will be pursuant to subsection (a)(6) of this section.

(f) Certificate. The issuance of a certificate to the breath test operator shall be evidence that the operator has met the requirements for initial certification and/or renewal of certification.

(g) Verification. The technical supervisor, when required, shall verify all aspects of operator certification, by direct testimony or by affidavit.

§19.5. Technical Supervisor of Certification.

(a) The primary function of the technical supervisor is to provide the technical, administrative and supervisory expertise in safeguarding the scientific integrity of the breath alcohol testing program and to ensure the breath alcohol testing program's acceptability for evidential purposes. The technical supervisor, in matters pertaining to breath alcohol testing, is the field agent of the scientific director. Supervision by the technical supervisor in accordance with the provisions stated in these regulations shall include, but not be limited to:

(1) supervision of certified operators in performance of breath alcohol test operations, including the proper completion of forms and records, and operator's compliance with the provisions stated in these regulations;

(2) supervision of certified instrumentation and affiliated equipment;

(3) supervision of data gathered for initial certification and/or approval of individual instruments;

(4) supervision of techniques and methods, maintaining scientific integrity and upholding these regulations;

(5) selection and supervision of a site location as it applies to security and technical suitability for testing;

(6) supervision of compliance with the policy of public information and/or demonstrations of breath alcohol testing instruments and equipment;

(7) all technical, administrative and regulatory aspects of breath alcohol testing; and

(8) expert testimony by direct testimony or by affidavit concerning all aspects of breath alcohol testing.

(b) The minimum qualifications for certification as a technical supervisor are:

(1) a baccalaureate degree from an accredited college or university with a major in chemistry, or as an alternative, a major in another scientific field with sufficient semester hours in chemistry or other qualifications as determined by the scientific director (for the purposes of these regulations, sufficient hours in chemistry shall be defined as successful completion of the equivalent of a minimum of 18 semester hours of chemistry, no more than 8 of which may be freshman level.);

(2) satisfactory completion of a course of instruction as set forth in §19.4(a)(3) of this title (relating to Operator Certification);

(3) satisfactory completion of technical supervisor training approved by the scientific director, including, but not limited to:

(A) advanced survey of current information concerning alcohol and its effects on the human body;

(B) operational principles and theories applicable to the program;

(D) legal aspects of breath alcohol analysis;

(E) principles of instruction;

(4) knowledge and understanding of the scientific theory and principles as to the operation of the instrument and associated equipment; and

(5) prior to certification, a technical supervisor candidate must establish an [~~proof of~~] association or pending association with an agency or [of] laboratory actively engaged in evidential breath alcohol testing or with a course of instruction as set forth in §19.6 of this title (relating to Approval of Course of Instruction) upon receipt of certification. If the technical supervisor candidate or certified technical supervisor cannot establish an [~~such proof of~~] association, certification will, at the discretion of the scientific director, be denied or inactivated.[;]

(1) [~~(A)~~] persons convicted of a felony or a Class A misdemeanor shall not be eligible to be a certified technical supervisor;

(2) [~~(B)~~] persons convicted of a Class B misdemeanor within the last 10 years shall not be eligible to be a certified technical supervisor; and

(3) [~~(C)~~] persons receiving a driver license suspension or a denial to issue a driver license for refusal to submit to the taking of a specimen per the provisions of Texas Transportation Code, Chapter 724 or Chapter 522 within the last 5 years shall not be eligible to be a certified technical supervisor.

(d) [~~(c)~~] Certification.

(1) When [~~Upon satisfactory proof to the scientific director by the applicant that~~] the minimum qualifications set forth in subsection (b) of this section have been met, the scientific director will issue certification for a period of time designated by the scientific director unless inactivated or suspended.

(2) A certified technical supervisor is fully authorized to conduct evidential subject tests and is not required to maintain a separate certification as a breath test operator as set forth in §19.4 of this title (relating to Operator Certification).

(3) Technical supervisor certification may be voluntarily inactivated when it is no longer needed or inactivated at the discretion of the scientific director if the technical supervisor is no longer associated with an agency or laboratory actively engaged in evidential breath alcohol testing and/or with a course of instruction as set forth in §19.6 of this title (relating to Approval of Course of Instruction). Technical supervisor certification may also be inactivated at the discretion of the scientific director for any other cause deemed appropriate to protect the scientific integrity of the program and the admissibility of forensic breath test evidence.

(4) Technical supervisor certification may be suspended only by the scientific director for malfeasance, incompetence, falsely or deceitfully obtaining certification, or failure to carry out the responsibilities set forth in this subchapter.

(5) A technical supervisor whose certification has been suspended may appeal such action in writing to the director's designee [~~assistant director of the major division responsible for crime laboratory activities, Texas Department of Public Safety~~], who will decide whether the action of the scientific director will be affirmed or set aside. The director's designee [~~assistant director~~] may reinstate certification of the technical supervisor making such appeal under such conditions deemed necessary and notify the scientific director in writing.

(e) [~~(d)~~] Certificate. The issuance of a certificate to the technical supervisor shall be evidence that the technical supervisor has met the requirements for certification.

(f) [~~(e)~~] Renewal of current certification and recertification. In order to maintain current certification, the technical supervisor is required to renew certification prior to its expiration. The scientific director shall determine the minimum requirement for renewal of technical supervisor certification and for recertification after inactivation or suspension.

§19.6. Approval of Courses of Instruction.

(a) Any agency, laboratory, institution, school or college intending to offer a course of instruction for certified operators of evidential breath alcohol testing instruments, must have the course curriculum approved by the scientific director.

(b) The operator course must utilize the most current revision of the Texas Breath Alcohol Testing Program Operator Manual as the primary instructional text and contain, as a minimum, these areas of instruction:

(1) the effects of alcohol on the human body;

(2) the operational principles of the breath alcohol testing instrument to be used, including:

(A) a functional description of the testing method; and

(B) a detailed operational description of the method with demonstrations.

(3) legal aspects of breath alcohol testing;

(4) supplemental information which is to include nomenclature appropriate to the field of breath alcohol testing;

(5) participation in a laboratory setting operating the breath testing equipment. Laboratory practice will include the analysis of reference samples, as well as the analysis of breath samples from human [~~actual drinking~~] subjects and completion of all required records and reports needed for documentation.

(c) Each course of instruction shall be coordinated by, or under the general direction or supervision of, a certified technical supervisor.

(d) All courses of instruction will be open to the scientific director or designated representative for inspection thereof.

(e) The course of instruction provider must ensure that all students attending the course are eligible for certification in accordance with §19.4(a)(4) of this title (relating to Operator Certification) prior to each course. [Upon satisfactory proof of compliance of subsections (a) - (d) of this section to the scientific director, the scientific director will approve the course of instruction and its participants will be eligible to apply for operator certification.]

~~[(f) Prior to commencing the course, it will be the responsibility of the teaching agency to make arrangements with the office of the scientific director for the administration of examinations.]~~

[(g) Prior to the administration of the examination by the scientific director, it shall be the responsibility of the course of instruction coordinator(s) to provide proof that all students attending the course of instruction have been authorized and approved by the technical supervisor responsible for the technical supervision of the operator upon certification. Failure to provide this authorization will delay the administration of the examination and/or certification until such time as proof of authorization can be documented.]

(f) [~~(h)~~] Examinations for operator certification after completion of a course will be in accordance with §19.4(a)(4) of this title (relating to Operator Certification).

(g) [~~(i)~~] Failure to maintain the provisions stated in this section will be cause for the scientific director to rescind approval of a course of instruction.

(h) Course of instruction providers must request approval from the scientific director before making changes to an approved course curriculum.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on October 15, 2026.

TRD-202604378

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: November 29, 2026

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

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

SUBCHAPTER A. DEFINITIONS AND GENERAL CODIS PROVISIONS

37 TAC §§28.1, 28.2, 28.4, 28.5, 28.7

The Texas Department of Public Safety (the department) proposes amendments to existing rules at 37 Texas Administrative Code (TAC), Chapter 28, Subchapter A, §§28.1, 28.2, 28.4, 28.5, and 28.7, concerning Definitions and General CODIS Provisions.

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 37 TAC, Chapter 28, Subchapter A, implement Texas Government Code, Chapter 411, Department of Public Safety of the State of Texas. The proposed rules make changes to align the rules with the statutory framework, add a missing subchapter reference, and update the name Crime Laboratory Service to Crime Laboratory Division.

SECTION-BY-SECTION SUMMARY

The proposed rules amend §28.1, Definitions, by adding a definition for an elimination sample.

The proposed rules amend §28.2, Voluntary Sample, by clarifying that an elimination sample may not be included in the DNA database.

The proposed rules amend §28.4, Sample Collection, by specifying that samples may be collected by properly trained individuals consistent with Government Code, §411.146.

The proposed rules amend §28.5, Sample Submitted to Director, by adding a missing subchapter reference and updating Crime Laboratory Service to Crime Laboratory Division.

The proposed rules amend §28.7, Communications, by updating Crime Laboratory Service to Crime Laboratory Division.

FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT

LOCAL EMPLOYMENT IMPACT STATEMENT

PUBLIC BENEFITS

Ms. Amilhat has determined that for each year of the first five-year period the proposed rules are in effect, the public benefit will be improved collection of DNA samples.

PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL

FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES

There will be no adverse economic effect on small businesses, micro-businesses, or rural communities as a result of the proposed rules. Because the department has determined that the proposed rule will have no adverse economic effect on small businesses, micro-businesses, or rural communities, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under Texas Government Code, §2006.002, is not required.

ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT

GOVERNMENT GROWTH IMPACT STATEMENT

1. The proposed rules do not create or eliminate a government program.

2. Implementation of the proposed rules does not require the creation of new employee positions or the elimination of existing employee positions.

3. Implementation of the proposed rules does not require an increase or decrease in future legislative appropriations to the agency.

4. The proposed rules do not require an increase or decrease in fees paid to the agency.

5. The proposed rules do not create a new regulation.

6. The proposed rules do not expand, limit, or repeal an existing regulation.

7. The proposed rules do not increase or decrease the number of individuals subject to the rules' applicability.

8. The proposed rules do not positively or adversely affect this state's economy.

TAKINGS IMPACT ASSESSMENT

PUBLIC COMMENTS AND INFORMATION RELATED TO THE COST, BENEFIT, OR EFFECT OF THE PROPOSED RULES

The department is requesting public comments on the proposed rules and information related to the cost, benefit, or effect of the proposed rules, including any applicable data, research, or analysis. Any information that is submitted in response to this request must include an explanation of how and why the submitted information is specific to the proposed rules. Please do not submit copyrighted, confidential, or proprietary information. Comments on the proposed rules and responses to the request for information may be submitted to Frances Navejas, Crime Laboratory Division, Texas Department of Public Safety, 5800 Guadalupe Street, Austin, Texas 78752, or by email to Frances.Navejas@dps.texas.gov. Email submission only is preferred. The deadline for comments is 30 days after publication in the Texas Register.

STATUTORY AUTHORITY

The statutory provisions affected by the proposed rules are those set forth in Texas Government Code, §§411.141, 411.142, 411.144, 411.146, and 411.152.

§28.1. Chapter Definitions.

The following words and terms, when used in this chapter, shall have the following meanings, unless the context shall clearly indicate otherwise.

(1) Accredited laboratory--A laboratory accredited in accordance with 37 TAC §§651.1 - 651.11.

(2) CODIS--The FBI's Combined DNA Index System. The term includes the national DNA index system (NDIS) and the state DNA index system (SDIS) sponsored by the FBI.

(3) CODIS user laboratory--A DNA laboratory subject to Subchapter G of this chapter.

(4) Crime laboratory--

(A) An accredited laboratory;

(B) A CODIS user laboratory; or

(5) Criminal justice or law enforcement agency or agency--A criminal justice agency described by Government Code, §411.082 or §411.141, a city police or county sheriff's department of this state, the department, another agency or subdivision of this state which is authorized to employ or commission peace officers, or the University of North Texas Health Science Center at Fort Worth.

(6) Department (DPS)--The Texas Department of Public Safety.

(7) Director--The director of the department.

(8) DNA--Deoxyribonucleic acid.

(9) DNA database--One or more databases that contain forensic DNA records maintained by the director.

(10) DNA laboratory--A laboratory that performs forensic DNA analysis on samples or specimens derived from a human body, physical evidence, or a crime scene. The term includes a CODIS user laboratory or a forensic DNA laboratory.

(11) DNA record--The results of a forensic DNA analysis performed by a DNA laboratory. The term includes a DNA profile and related records which may include a code or other identifying number referenced to a separate database and, if known, the name and other personally identifying information of the individual who is the subject of the analysis.

(12) DNA sample--A blood sample or other biological sample or specimen submitted to the director for DNA analysis or storage.

(13) Elimination sample--A blood sample or other biological sample or specimen voluntarily provided by the victim of an offense or another individual not involved in the alleged offense whose DNA is likely to be present at the scene of the crime to isolate and identify the DNA of a potential perpetrator.

(14) [~~(13)~~] FBI--The Federal Bureau of Investigation.

(15) [~~(14)~~] Forensic analysis--Has the meaning assigned by Code of Criminal Procedure, Article 38.35.

(16) [~~(15)~~] Forensic DNA laboratory--A laboratory subject to Subchapter F of this chapter.

(17) [~~(16)~~] Forensic DNA testing--Forensic DNA analysis conducted for use in a criminal proceeding under Code of Criminal Procedure, Article 38.35.

(18) [~~(17)~~] Institution of higher education--Has the meaning assigned by Education Code, §61.003.

(19) [~~(18)~~] Integrity or trustworthiness--Includes:

(A) attention to confidentiality, accuracy, and documentation; and

(B) prevention of bias or misrepresentation of qualifications, evidence, conclusions, or testimony.

(20) [~~(19)~~] Penal institution--Has the meaning assigned by Penal Code, §1.07.

(21) [~~(20)~~] Profile--The DNA profile used for law enforcement identification.

(22) [~~(21)~~] Recognized accreditation--Accreditation of a laboratory or other entity by an accrediting body recognized by the Texas Forensic Science Commission under 37 TAC §651.4.

(23) [~~(22)~~] Recognized accrediting body--An entity that:

(A) issues an accreditation accepted throughout the relevant scientific community; and

(B) accredits a laboratory or other entity, including its personnel, procedures, and facilities, whether the body uses 'accreditation,' 'certification,' or a similar term. The term accreditation does not include the certification of an individual unless that certification is relevant to an accreditation review of personnel employed by a laboratory or entity.

(24) [~~(23)~~] Substantial deficiency--A failure to comply with an accreditation or operational standard that is reasonably likely to impair:

(A) the integrity or trustworthiness of a test result; and

(B) the admissibility of that result. The term does not include a minor deficiency.

(25) [~~(24)~~] TDCJ--The Texas Department of Criminal Justice.

(26) [~~(25)~~] TJJD--The Texas Juvenile Justice Department.

§28.2. Voluntary Sample.

(a) Any person may voluntarily submit a sample using a DPS approved kit to the director for the purpose of creating a DNA record under Subchapter B of this chapter.

(b) Notwithstanding Government Code, Section 411.142(g), a DNA record created from an elimination sample and all information derived from that record may not be uploaded to, stored in, or capable of being searched for in the DNA database.

§28.4. Sample Collection.

A criminal justice or law enforcement agency or DNA laboratory may not collect, and the director may not accept, a sample taken from an individual [~~a person~~] who is not deceased, whether submitted voluntarily or as required by this chapter, unless:

(1) a blood sample is collected in a medically approved manner by:

(A) a physician, registered nurse, licensed vocational nurse, licensed clinical laboratory technologist; or

(B) an individual [~~another person~~] who is trained to properly collect blood samples under this chapter [~~and supervised by a licensed physician~~]; or

(2) a sample other than blood is collected by an individual who is trained to properly collect a sample in a manner approved by the director in a policy adopted under this chapter.

§28.5. Sample Submitted to Director.

A person who collects a sample under Subchapter C, D, E, or H of this chapter shall send the sample to the director at the DPS Crime Laboratory Division [~~Service~~].

§28.7. Communications.

(a) Information about this chapter is available at the following website: http://www.dps.texas.gov.

(b) Except as provided by §28.109 of this title (relating to CODIS Communications) and §28.130 of this title (relating to DNA Communications), a forensic DNA laboratory or accredited laboratory shall communicate with the department or the director through the DPS Crime Laboratory Division [~~Service~~] at:

(1) telephone number: (512) 424-2105;

(2) fax number: (512) 424-5645;

(3) e-mail address: LABQA@dps.texas.gov; and

(4) physical mailing address: DPS Crime Laboratory, 5800 Guadalupe, Austin, Texas 78752.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on October 15, 2026.

TRD-202604379

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: November 29, 2026

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

SUBCHAPTER B. CODIS RESPONSIBILITIES OF THE DIRECTOR

37 TAC §§28.21, 28.26, 28.27, 28.30

The Texas Department of Public Safety (the department) proposes amendments to existing rules at 37 Texas Administrative Code (TAC), Chapter 28, Subchapter B, §§28.21, 28.26, 28.27, and 28.30, concerning CODIS Responsibilities of the Director.

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 37 TAC, Chapter 28, Subchapter B, implement Texas Government Code, Chapter 411, Department of Public Safety of the State of Texas. The proposed rules make changes to align the rules with the statutory framework, update revised FBI quality assurance documents, and update the name Crime Laboratory Service to Crime Laboratory Division.

SECTION-BY-SECTION SUMMARY

The proposed rules amend §28.21, DNA Database Authority, by updating Crime Laboratory Service to Crime Laboratory Division and updating for consistency with Government Code, §411.142(a).

The proposed rules amend §28.26, DNA Database, by updating with revised FBI quality assurance documents.

The proposed rules amend §28.27, Sample Collection Kits, by updating to align with current arrestee felony collection requirements.

The proposed rules amend §28.30, Administrative Removal, by updating for consistency with Government Code, §411.1471(e).

FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT

LOCAL EMPLOYMENT IMPACT STATEMENT

PUBLIC BENEFITS

Ms. Amilhat has determined that for each year of the first five-year period the proposed rules are in effect, the public benefit will be consistency with the statutory framework.

PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL

FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES

There will be no adverse economic effect on small businesses, micro-businesses, or rural communities as a result of the proposed rules. Because the department has determined that the proposed rule will have no adverse economic effect on small businesses, micro-businesses, or rural communities, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under Texas Government Code, §2006.002, is not required.

ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT

GOVERNMENT GROWTH IMPACT STATEMENT

1. The proposed rules do not create or eliminate a government program.

2. Implementation of the proposed rules does not require the creation of new employee positions or the elimination of existing employee positions.

3. Implementation of the proposed rules does not require an increase or decrease in future legislative appropriations to the agency.

4. The proposed rules do not require an increase or decrease in fees paid to the agency.

5. The proposed rules do not create a new regulation.

6. The proposed rules do not expand, limit, or repeal an existing regulation.

7. The proposed rules do not increase or decrease the number of individuals subject to the rules' applicability.

8. The proposed rules do not positively or adversely affect this state's economy.

TAKINGS IMPACT ASSESSMENT

PUBLIC COMMENTS AND INFORMATION RELATED TO THE COST, BENEFIT, OR EFFECT OF THE PROPOSED RULES

The department is requesting public comments on the proposed rules and information related to the cost, benefit, or effect of the proposed rules, including any applicable data, research, or analysis. Any information that is submitted in response to this request must include an explanation of how and why the submitted information is specific to the proposed rules. Please do not submit copyrighted, confidential, or proprietary information. Comments on the proposed rules and responses to the request for information may be submitted to Frances Navejas, Crime Laboratory Division, Texas Department of Public Safety, 5800 Guadalupe Street, Austin, Texas 78752, or by email to Frances.Navejas@dps.texas.gov. Email submission only is preferred. The deadline for comments is 30 days after publication in the Texas Register.

STATUTORY AUTHORITY

The statutory provisions affected by the proposed rules are those set forth in Texas Government Code, §§411.142, 411.144, 411.146, 411.147, 411.1471 and 411.152.

§28.21. DNA Database Authority.

The director shall record DNA data and establish and maintain a computerized database that serves as the central depository in the state for [~~criminal~~] DNA records, including profiles. The director may maintain the DNA database at the DPS Crime Laboratory Division [~~Service~~] or another suitable location.

§28.26. DNA Database.

(a) Capabilities. The DNA database must be capable of classifying, matching, and storing the profiles or other results of analyses of DNA.

(b) National standards. Standards for DNA analysis shall meet or exceed the current standards for quality assurance [~~and proficiency testing~~] for forensic DNA and DNA databasing laboratories analysis issued by the FBI. The DNA database may contain only DNA records of DNA analyses, including profiles, performed according to the standards required by this chapter.

(c) Compatibility. The DNA database must be compatible with the national DNA index system (NDIS) procedures sponsored by the FBI to the extent required by the FBI to permit the useful exchange and storage of DNA records or information derived from those records, including profiles.

(d) FBI liaison. The director or a designee is the liaison for DNA data, records, profiles, evidence, and other related matters between the FBI and a DNA laboratory or a criminal justice or law enforcement agency.

§28.27. Sample Collection Kits.

The director shall provide a reasonable quantity of sample collection kits to a criminal justice or law enforcement agency in this state, which is required by statute to collect offender and arrestee samples, at no cost to the agency. A sample collection kit shall consist of any items necessary for sample collection including instructions and any other item designated by the director. Agencies shall use the supplies contained in the kit, as directed in the instructions, unless otherwise approved by the director.

§28.30. Administrative Removal.

(a) If a sample has been erroneously taken from an individual that is not required by statute to provide a sample, the agency collecting the sample shall provide a formal request to the director asking that the sample be destroyed. [Prior to destruction, a check of the offender's criminal history will be conducted to verify that there are no qualifying offenses. If an individual is determined to have a qualifying offense, and a satisfactory sample has not been previously submitted, the agency will be notified that the sample is being retained. If there are no qualifying offenses, the sample and its associated records will be removed, and the collecting agency notified of the removal. Communications may be made as detailed in §28.109 of this title (relating to CODIS Communications).]

(b) As soon as practicable after the acquittal of a defendant whose offense and arrest date are after September 1, 2023, described by §28.123(1) of this title (relating to Eligible Individual) or dismissal of the case against the defendant or after a defendant has been granted relief in accordance with a writ of habeas corpus that is based on a court finding or determination that the defendant is actually innocent of a crime for which the defendant was sentenced, the court shall provide notice of the acquittal, dismissal, or grant of relief to the law enforcement agency that took the specimen and the department and shall request that the director expunge the defendant's DNA record from the DNA database under Government Code, §411.151. On receipt of the notice and after the check required by subsection (c) below, the law enforcement agency shall immediately destroy the record of the specimen collection, and the department shall destroy the specimen and the record of its receipt. Under Government Code, §411.1471, the court shall promptly notify the defendant and the defendant's attorney after the notices required by this subsection have been provided.

(c) Prior to destruction, a check of the offender's criminal history will be conducted to verify that there are no qualifying offenses. If an individual is determined to have a qualifying offense, and a satisfactory sample has not been previously submitted, the agency will be notified that the sample is being retained. If there are no qualifying offenses, the sample and its associated records will be removed, and the collecting agency notified of the removal. Communications may be made as detailed in §28.109 of this title (relating to CODIS Communications).

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on October 15, 2026.

TRD-202604380

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: November 29, 2026

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

SUBCHAPTER E. CODIS RESPONSIBILITIES OF COMMUNITY SUPERVISION AGENCY

37 TAC §28.81

The Texas Department of Public Safety (the department) proposes amendments to an existing rule at 37 Texas Administrative Code (TAC), Chapter 28, Subchapter E, §28.81, concerning Sample Collection by Community Supervision Agency.

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 37 TAC, Chapter 28, Subchapter E, implement Texas Government Code, Chapter 411, Department of Public Safety of the State of Texas. The proposed rule corrects an outdated statutory reference.

SECTION-BY-SECTION SUMMARY

The proposed rule amends §28.81, Sample Collection by Community Supervision Agency, by correcting an outdated statutory reference.

FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT

Alice Amilhat, Assistant Chief, Crime Laboratory Division, has determined that for each year of the first five years the proposed rule is in effect, there are no estimated additional costs or reductions in costs to state or local government as a result of enforcing or administering the proposed rule. Ms. Amilhat has determined that for each year of the first five years the proposed rule is in effect, there is no estimated increase or loss in revenue to the state or local government as a result of enforcing or administering the proposed rule.

LOCAL EMPLOYMENT IMPACT STATEMENT

Because Ms. Amilhat has determined that the proposed rule will not affect a local economy, the department is not required to prepare a local employment impact statement under Texas Government Code, §2001.022.

PUBLIC BENEFITS

Ms. Amilhat has determined that for each year of the first five-year period the proposed rule is in effect, the public benefit will be an accurate statutory reference.

PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL

Ms. Amilhat has determined that for each year of the first five-year period the proposed rule is in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rule.

FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES

There will be no adverse economic effect on small businesses, micro-businesses, or rural communities as a result of the proposed rule. Because the department has determined that the proposed rule will have no adverse economic effect on small businesses, micro-businesses, or rural communities, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under Texas Government Code, §2006.002, is not required.

ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT

The proposed rule does not have a fiscal note that imposes a cost on regulated persons, including another state agency, a special district, or a local government. Therefore, the department is not required to take any further action under Texas Government Code, §2001.0045.

GOVERNMENT GROWTH IMPACT STATEMENT

Pursuant to Texas Government Code, §2001.0221, the department provides the following Government Growth Impact Statement for the proposed rule. For each year of the first five years the proposed rule will be in effect, the department has determined the following:

1. The proposed rule does not create or eliminate a government program.

2. Implementation of the proposed rule does not require the creation of new employee positions or the elimination of existing employee positions.

3. Implementation of the proposed rule does not require an increase or decrease in future legislative appropriations to the agency.

4. The proposed rule does not require an increase or decrease in fees paid to the agency.

5. The proposed rule does not create a new regulation.

6. The proposed rule does not expand, limit, or repeal an existing regulation.

7. The proposed rule does not increase or decrease the number of individuals subject to the rule's applicability.

8. The proposed rule does not positively or adversely affect this state's economy.

TAKINGS IMPACT ASSESSMENT

The department has determined that no private real property interests are affected by the proposed rule and the proposed rule does not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. As a result, the proposed rule does not constitute a taking or require a takings impact assessment under Texas Government Code, §2007.043.

PUBLIC COMMENTS AND INFORMATION RELATED TO THE COST, BENEFIT, OR EFFECT OF THE PROPOSED RULES

The department is requesting public comments on the proposed rule and information related to the cost, benefit, or effect of the proposed rule, including any applicable data, research, or analysis. Any information that is submitted in response to this request must include an explanation of how and why the submitted information is specific to the proposed rule. Please do not submit copyrighted, confidential, or proprietary information. Comments on the proposed rule and responses to the request for information may be submitted to Frances Navejas, Crime Laboratory Division, Texas Department of Public Safety, 5800 Guadalupe Street, Austin, Texas 78752, or by email to Frances.Navejas@dps.texas.gov. Email submission only is preferred. The deadline for comments is 30 days after publication in the Texas Register.

STATUTORY AUTHORITY

The proposed rule is proposed under Texas Government Code, §411.144, which requires the director to establish by rule procedures for a DNA laboratory or criminal justice agency, including an authorized law enforcement agency, in the collection, preservation, shipment, analysis, and use of a DNA sample for forensic DNA analysis, including rapid DNA analysis, in a manner that permits the exchange of DNA evidence between DNA laboratories and criminal justice agencies and the use of the evidence in a criminal case; §411.146(c)(1), which requires the director to adopt rules regarding the collection, preservation, shipment, and analysis of a DNA database sample, including the type of sample or specimen taken; and §411.152(a), which authorizes the director to adopt rules that are necessary to administer or enforce Chapter 411, Subchapter G, DNA Database System.

The statutory provisions affected by the proposed rule are those set forth in Texas Government Code, §§411.144, 411.146, and 411.152; and Texas Code of Criminal Procedure Art. 42A.352.

§28.81. Sample Collection by Community Supervision Agency.

The following individuals shall provide one or more DNA samples taken by or at the request of a community supervision and corrections department or a local juvenile probation department ("supervising agency") for the purpose of creating a DNA record:

(1) an individual, other than a juvenile, who is ordered by a magistrate or court to provide a DNA sample under Code of Criminal Procedure, Article 42A.352 [~~42.12~~] or other law as part of an order granting community supervision to the individual; and

(2) a juvenile who, following an adjudication for conduct constituting a felony, is placed on probation, if the conduct constitutes a felony described by Family Code, §54.0409.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on October 15, 2026.

TRD-202604381

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: November 29, 2026

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

SUBCHAPTER H. DATABASE RECORDS

37 TAC §§28.121, 28.123 - 28.127, 28.129, 28.130

The Texas Department of Public Safety (the department) proposes amendments to existing rules at 37 Texas Administrative Code (TAC), Chapter 28, Subchapter H, §§28.121, 28.123 - 28.127, 28.129, and 28.130, concerning Database Records.

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 37 TAC, Chapter 28, Subchapter H, implement Texas Government Code, Chapter 411, Department of Public Safety of the State of Texas. The proposed rules make changes to align the rules with the statutory framework, update the name of the CODIS DNA Procedural Guidelines and the DNA Datacard, update website references, and update the name Crime Laboratory Service to Crime Laboratory Division.

SECTION-BY-SECTION SUMMARY

The proposed rules amend §28.121, Subchapter Definitions, by updating crime laboratory service to Crime Laboratory Division, updating datacard terminology, and updating the name of the CODIS DNA Procedural Guidelines and access on the department's website.

The proposed rules amend §28.123, Eligible Individual, by updating for consistency with Government Code, §411.1471.

The proposed rules amend §28.124, Approval of Outside Laboratory, by updating the name of the CODIS DNA Procedural Guidelines.

The proposed rules amend §28.125, Collection of Sample, by updating the name of the CODIS DNA Procedural Guidelines and updating for consistency with Government Code, §411.1471.

The proposed rules amend §28.126, Processing of Sample, by updating the name of the CODIS DNA Procedural Guidelines, updating datacard terminology, and updating Crime Laboratory Service to Crime Laboratory Division.

The proposed rules amend §28.127, DNA Record, by updating the name of the CODIS DNA Procedural Guidelines, making changes to reflect the new datacard in use, and changing the terminology from certification to affirmation.

The proposed rules amend §28.129, Notification and Information, updating Crime Laboratory Service to Crime Laboratory Division.

The proposed rules amend §28.130, DNA Communications, by updating the website and Crime Laboratory Service to Crime Laboratory Division.

FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT

LOCAL EMPLOYMENT IMPACT STATEMENT

PUBLIC BENEFITS

Ms. Amilhat has determined that for each year of the first five-year period the proposed rules are in effect, the public benefit will be enhanced public safety through updated collection guidelines.

PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL

FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES

There will be no adverse economic effect on small businesses, micro-businesses, or rural communities as a result of the proposed rules. Because the department has determined that the proposed rule will have no adverse economic effect on small businesses, micro-businesses, or rural communities, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under Texas Government Code, §2006.002, is not required.

ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT

GOVERNMENT GROWTH IMPACT STATEMENT

1. The proposed rules do not create or eliminate a government program.

2. Implementation of the proposed rules does not require the creation of new employee positions or the elimination of existing employee positions.

3. Implementation of the proposed rules does not require an increase or decrease in future legislative appropriations to the agency.

4. The proposed rules do not require an increase or decrease in fees paid to the agency.

5. The proposed rules do not create a new regulation.

6. The proposed rules do not expand, limit, or repeal an existing regulation.

7. The proposed rules do not increase or decrease the number of individuals subject to the rules' applicability.

8. The proposed rules do not positively or adversely affect this state's economy.

TAKINGS IMPACT ASSESSMENT

PUBLIC COMMENTS AND INFORMATION RELATED TO THE COST, BENEFIT, OR EFFECT OF THE PROPOSED RULES

The department is requesting public comments on the proposed rules and information related to the cost, benefit, or effect of the proposed rules, including any applicable data, research, or analysis. Any information that is submitted in response to this request must include an explanation of how and why the submitted information is specific to the proposed rules. Please do not submit copyrighted, confidential, or proprietary information. Comments on the proposed rules and responses to the request for information may be submitted to Frances Navejas, Crime Laboratory Division, Texas Department of Public Safety, 5800 Guadalupe Street, Austin, Texas 78752; or by email to Frances.Navejas@dps.texas.gov. Email submission only is preferred. The deadline for comments is 30 days after publication in the Texas Register.

STATUTORY AUTHORITY

The proposed rules are proposed under Texas Government Code, §411.144(a), which requires the director to establish by rule procedures for a DNA laboratory or criminal justice agency, including an authorized law enforcement agency, in the collection, preservation, shipment, analysis, and use of a DNA sample for forensic DNA analysis, including rapid DNA analysis, in a manner that permits the exchange of DNA evidence between DNA laboratories and criminal justice agencies and the use of the evidence in a criminal case; §411.146(c)(1), which requires the director to adopt rules regarding the collection, preservation, shipment, and analysis of a DNA database sample, including the type of sample or specimen taken; §411.147(a), which requires the director to establish procedures by rule to prevent unauthorized access to the DNA database and to release from the DNA database a DNA sample, analysis, record, or other information maintained; §411.147(b), which authorizes the director to adopt rules relating to the internal disclosure, access, or use of a sample or DNA record; §411.1471(d), which requires the director to require by rule law enforcement agencies taking a specimen to preserve the specimen and maintain a record of the collection; and §411.152(a), which authorizes the director to adopt rules that are necessary to administer or enforce Chapter 411, Subchapter G, DNA Database System.

The statutory provisions affected by the proposed rules are those set forth in Texas Government Code, §§411.142, 411.144, 411.146, 411.147, 411.1471 and 411.152.

§28.121. Subchapter Definitions.

The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise.

(1) Approved laboratory or lab--A public or private forensic laboratory that is approved by the director under this subchapter. The term does not include the department's Crime Laboratory Division [~~crime laboratory service~~].

(2) Defendant--A suspect or arrestee.

(3) DNA Datacard [~~Database Card~~]--A form available from the director to be used by an agency to make a record under this subchapter.

(4) CODIS DNA Procedural Guidelines--The latest draft of the director's publication by that name and any cross-referenced material, including a procedure or specimen collection method approved by the director. This document is part of the Laboratory Customer Handbook available on the department's website.

(5) Standard DNA sample--A DNA sample provided by an individual under Subchapters A through E of this chapter.

§28.123. Eligible Individual.

(a) This subchapter applies to an eligible individual described in this section, including an individual who is:

[(1) indicted or waives indictment for a felony prohibited or punishable under Penal Code:]

[(A) §20.04(a)(4) (aggravated kidnapping with intent to cause bodily injury or violate or abuse sexually);]

[(B) §21.11 (indecency with child);]

[(C) §22.011 (sexual assault);]

[(D) §22.021 (aggravated sexual assault);]

[(E) §25.02 (prohibited sexual conduct or 'incest');]

[(F) §30.02(d) (burglary of a habitation committing, attempting, or with intent to commit a non-theft felony);]

[(G) §43.05 (compelling prostitution);]

[(H) §43.25 (sexual performance by child);]

[(I) §43.26 (possession or promotion of child pornography);]

[(J) §21.02 (continuous sexual abuse of young child or children); or]

[(K) §20A.03 (continuous trafficking of persons);]

(1) [~~(2)~~] arrested for any offense punishable as a felony; [~~described by paragraph (1) of this section after having been previously convicted of or placed on deferred adjudication for a felony:~~]

~~[(A) described by paragraph (1) of this section; or]~~

~~[(B) punishable under Penal Code, §30.02(c)(2) (burglary of a habitation);]~~

[(3) convicted of a misdemeanor or any higher category of offense under a Penal Code:]

[(A) described by paragraph (1) of this section, except for an offense punishable as a Class A misdemeanor under Penal Code:]

[(i) §20.02 (unlawful restraint);]

[(ii) §22.01 (assault); or]

[(iii) §22.05 (deadly conduct).]

[(B) §21.08 (indecent exposure);]

[(C) §25.04 (enticing a child);]

[(D) §43.02(b) (prostitution-based on the payment of a fee by the actor or another person on behalf of the actor);]

[(E) §43.03 (promotion of prostitution); or]

[(F) §43.24 (sale, distribution, or display of harmful material to minor);]

(2) convicted of an offense:

(A) under Title 5, Penal Code, that is punishable as a Class A misdemeanor, except for an offense punishable as a Class A misdemeanor under Penal Code, §22.05; or

(B) punishable as a Class A or B misdemeanor, as applicable, under Penal Code, §§21.08, 25.04, or 43.24;

(3) [~~(4)~~] released on bail or bond under Code of Criminal Procedure, Article 17.47;

(4) [~~(5)~~] required to register under Chapter 62, Code of Criminal Procedure, who is not otherwise required to provide a standard sample under Code of Criminal Procedure, Article 65.059; or

(5) [~~(6)~~] described by paragraph (1) or (3) of this section and who] voluntarily providing [~~provides~~] a sample to create a DNA record under this subchapter.

(b) An eligible individual does not include a victim of an offense or another individual not involved in the alleged offense whose DNA is likely to be present at the scene of the crime.

§28.124. Approval of Outside Laboratory.

(a) Date of approval. A laboratory outside the department must:

(1) be approved on the date a DNA sample is analyzed by the lab; and

(2) remain approved at least until the date the analysis report is submitted by the lab to the director.

(b) Manner. An agency or other entity seeking approval for a lab under this section must submit to the director a written justification for the approval as described in the CODIS DNA Procedural Guidelines. The laboratory must be accredited in accordance with 37 TAC §§651.1 - 651.11.

§28.125. Collection of Sample.

(a) Generally. An agency may collect a DNA sample from an eligible individual. The agency collecting the sample shall use a collection method approved by the director and described in the CODIS DNA Procedural Guidelines and may:

(1) only use a sample collection kit obtained from the director; and

(2) not collect the sample using a trusty, probationer, volunteer, or other individual who is not officially associated with the agency.

(b) Evidentiary sample discouraged. The director does not intend for a DNA sample to be used in court as the evidentiary sample establishing identity. An agency should use information about matching the database sample's profile to an unknown profile to obtain a separate evidentiary sample.

(c) Collection kit. For the purpose of collecting a DNA sample under this subchapter the director shall make reasonable efforts to provide an adequate supply of sample kits to each sheriff's department operating a county jail and, upon request, to any other agency with appropriately trained personnel.

(d) Training. The director may provide or approve training under this subchapter as described in the CODIS DNA Procedural Guidelines. If an agency frequently submits unusable samples, the director may require additional training before accepting further samples.

(e) Statutory prohibition. Under Government Code, §411.1471(d), no agency may take a blood sample for the purpose of creating a DNA record under this subchapter.

(f) Court-ordered sample. If a court, including a magistrate, orders the taking of a DNA sample under this subchapter, the director encourages but does not require the court to order that the sample be taken by an agency that has the personnel, training, and other resources necessary to efficiently and properly take the sample. The director expects these personnel will normally be:

(1) a booking clerk or another individual performing a similar function at a county jail; or

(2) a member of a sex offender registration unit or another individual performing a similar function for the agency.

(g) Criminal history check. If an agency arrests an individual for a felony offense potentially covered by this subchapter, the director encourages but does not require the agency to take reasonable steps to determine if the individual has the criminal history sufficient to take a DNA sample under this subchapter. These steps should include inquiry into each appropriate information system available to law enforcement.

(h) Duty--standard sample. The duty to require or take a standard sample:

(1) is affected by the fact that an individual proves that a DNA sample has already been collected under this subchapter; and

(2) is not affected by the fact that:

(A) an individual asserts or proves that a standard specimen has already been collected; or

(B) a standard profile appears to already exist for the individual.

(i) A law enforcement agency booking a defendant described by Government Code, §411.1471(a)(1), immediately after fingerprinting the defendant and at the same location as the fingerprinting occurs, shall require the defendant to provide one or more specimens for the purpose of creating a DNA record.

(j) After a defendant described by Government Code, §411.1471(a)(2) is convicted, the court shall require the defendant to provide to a law enforcement agency one or more specimens for the purpose of creating a DNA record.

§28.126. Processing of Sample.

(a) Preservation. The agency collecting the DNA sample shall use a preservation method and procedure approved by the director and described in the CODIS DNA Procedural Guidelines.

(b) Forwarding. The collecting agency shall forward the sample together with the original DNA Datacard [~~Database Card~~] to the director or an approved lab no later than the end of the third business day after the collection.

(c) After forwarding. If the collecting agency forwards the sample kit and its associated datacard [~~database card~~] to an approved lab, the agency:

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

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

(A) the profile;

(B) all remaining sample material, including the unprocessed buccal swab and any remaining extracted DNA, and

(d) Acceptance or rejection. The director:

(1) may accept a usable sample that substantially complies with this subchapter;

(2) may reject an unusable sample that does not comply with this subchapter;

(3) shall notify the submitting agency of any rejection; and

(4) may destroy the rejected sample, if it is unusable.

(e) Testing fee--DPS lab. The director shall absorb the cost of testing necessary to create a profile for a DNA sample submitted directly to the DPS Crime Laboratory Division [~~Service~~] by the collecting agency.

(f) Testing fee--approved lab. The collecting agency shall initially pay the cost of testing necessary to create a profile for a DNA sample 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).

(g) Profile entry. The director shall enter the record's profile into the database.

§28.127. DNA Record.

(a) Maintenance by agency. An agency collecting a DNA sample from an eligible individual shall maintain a record of the collection under this section, including a copy of the DNA Datacard [~~Database Card~~] and any associated record.

(b) Affirmation [~~Certification~~]. The individual agency representative who collects the sample affirms [~~shall certify~~] compliance with the CODIS DNA Procedural Guidelines by adding the individual's name on the DNA Datacard at the time of collection. The individual's name on the DNA Datacard (LAB-CO-57) affirms that: [~~The individual shall make the certification on a DNA Database Card completed at the time of collection. The card (LAB-13) includes a certification that:~~]

(1) the individual is properly trained; and

(2) the DNA sample was taken in compliance with this subchapter.

(c) Retention period. Unless a court orders differently, the collecting agency shall retain the copy of the DNA Datacard [~~Database Card~~] and any associated record for a period of three years from the date of collection.

(d) Maintenance by DPS. The director shall maintain a DNA sample and record under this subchapter using standard CODIS laboratory procedures.

§28.129. Notification and Information.

If this subchapter requires or permits an agency to communicate with the department or the director, the agency must communicate with the department or the director through the DPS Crime Laboratory Division [~~Service~~].

§28.130. DNA Communications.

(a) Information about this subchapter is available at the following website: http://www.dps.texas.gov [~~http://www.dps.texas.gov/CrimeLaboratory/CODIS/index.htm~~].

(b) To inquire about information and administrative matters with, transmit to, or otherwise contact the department, director, or Crime Laboratory Division [~~Service~~] with respect to this subchapter:

(1) the telephone number is: (512) 424-2790;

(2) the fax number is: (512) 424-2386;

(3) the email address is: codislab@dps.texas.gov;

(4) the Post Office Box mailing address is: Crime Laboratory Division [~~Service~~], Attention CODIS, MSC 0461, Texas Department of Public Safety, P.O. Box 4143, Austin, Texas 78765-0461; and

(5) the physical mailing address is: Crime Laboratory Division [~~Service~~], Attention CODIS, Texas Department of Public Safety, 5800 Guadalupe, Austin, Texas 78752.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on October 15, 2026.

TRD-202604382

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: November 29, 2026

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

SUBCHAPTER I. CODIS RESPONSIBILITIES OF PRIMARY REGISTRATION AUTHORITY

37 TAC §§28.141 - 28.144

The Texas Department of Public Safety (the department) proposes new rules at 37 Texas Administrative Code (TAC), Chapter 28, Subchapter I, §§28.141 - 28.144, concerning CODIS Responsibilities of Primary Registration Authority.

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 37 TAC, Chapter 28, Subchapter I, implement Texas Government Code, Chapter 411, Department of Public Safety of the State of Texas; Texas Code of Criminal Procedure, Chapter 62, Sex Offender Registration Program; and Texas Code of Criminal Procedure, Chapter 65, Terrorist Offender Registration Program. The proposed rules outline the Combined DNA Index System (CODIS) responsibilities of a law enforcement agency designated as a primary registration authority for a person who must register as a sex offender or terrorist offender under Code of Criminal Procedure, Chapter 62 or Chapter 65. The proposed rules are necessary to implement Senate Bill 1518, 88th Legislature, Regular Session (2023).

SECTION-BY-SECTION SUMMARY

The proposed rules add new §28.141, Sample Collection by Primary Registration Authority, which outlines the requirement to provide a DNA sample to a primary registration authority if a person is required to register as a sex offender or terrorist offender.

The proposed rules add new §28.142, Primary Registration Authority's Responsibilities, which outlines the primary registration authority's responsibilities.

The proposed rules add new §28.143, Sample Collection, which outlines the sample collection requirements.

The proposed rules add new §28.144, Fingerprint, which outlines the fingerprint requirements.

FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT

LOCAL EMPLOYMENT IMPACT STATEMENT

PUBLIC BENEFITS

Ms. Amilhat has determined that for each year of the first five-year period the proposed rules are in effect, the public benefit will be enhanced public safety because individuals on the terrorist offender or sex offender registry must submit a DNA sample into CODIS to generate investigative leads.

PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL

FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES

There will be no adverse economic effect on small businesses, micro-businesses, or rural communities as a result of the proposed rules. Because the department has determined that the proposed rule will have no adverse economic effect on small businesses, micro-businesses, or rural communities, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under Texas Government Code, §2006.002, is not required.

ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT

GOVERNMENT GROWTH IMPACT STATEMENT

1. The proposed rules do not create or eliminate a government program.

2. Implementation of the proposed rules does not require the creation of new employee positions or the elimination of existing employee positions.

3. Implementation of the proposed rules does not require an increase or decrease in future legislative appropriations to the agency.

4. The proposed rules do not require an increase or decrease in fees paid to the agency.

5. The proposed rules do create a new regulation.

6. The proposed rules do not expand, limit, or repeal an existing regulation.

7. The proposed rules do not increase or decrease the number of individuals subject to the rules' applicability.

8. The proposed rules do not positively or adversely affect this state's economy.

TAKINGS IMPACT ASSESSMENT

PUBLIC COMMENTS AND INFORMATION RELATED TO THE COST, BENEFIT, OR EFFECT OF THE PROPOSED RULES

The department is requesting public comments on the proposed rules and information related to the cost, benefit, or effect of the proposed rules, including any applicable data, research, or analysis. Any information that is submitted in response to this request must include an explanation of how and why the submitted information is specific to the proposed rules. Please do not submit copyrighted, confidential, or proprietary information. Comments on the proposed rules and responses to the request for information may be submitted to Frances Navejas, Crime Laboratory Division, Texas Department of Public Safety, 5800 Guadalupe Street, Austin, Texas 78752, or by email to Frances.Navejas@dps.texas.gov. Email submission only is preferred. The deadline for comments is 30 days after publication in the Texas Register.

STATUTORY AUTHORITY

The proposed rules are proposed under Texas Government Code, §411.1473(b), which requires the department to adopt rules related to the CODIS responsibilities of a primary registration authority; Texas Code of Criminal Procedure, Art. 62.010, which authorizes the department to adopt rules to implement Chapter 62; and Texas Code of Criminal Procedure, Art. 65.009, which authorizes the department to adopt rules necessary to implement Chapter 65. The legislation that enacted the statutory authority under which the proposed rules are proposed to be adopted is Senate Bill 1518, 88th Legislature, Regular Session (2023).

The statutory provisions affected by the proposed rules are those set forth in Texas Government Code, §411.1473; Texas Code of Criminal Procedure, Art. 62.010 and Art. 62.061; and Texas Code of Criminal Procedure, Art. 65.009 and Art. 65.059.

§28.141. Sample Collection by Primary Registration Authority.

A person who is required to register under Code of Criminal Procedure, Chapter 62 or Chapter 65 must provide one or more DNA samples taken by or at the request of a law enforcement agency designated as a person's primary registration authority for the purpose of creating a DNA record.

§28.142. Primary Registration Authority's Responsibilities.

The law enforcement agency must:

(1) take one or more specimens from a person described by §28.141 of this title (relating to Sample Collection by Primary Registration Authority) for the purpose of creating a DNA record using a collection kit approved and supplied by the director;

(2) preserve the specimen;

(3) maintain a record of the collection of the specimen; and

(4) send the sample to the director for scientific analysis under Subchapter B of this title (relating to CODIS Responsibilities of the Director) or send to the director an analysis of the specimen performed by a laboratory chosen by the law enforcement agency and approved by the director.

§28.143. Sample Collection.

(a) Time to collect. The law enforcement agency must obtain the sample from a person at or near the time the law enforcement agency accepts registration of that person.

(b) Use of force. A law enforcement agency employee may use force against a person required to provide a sample under this subchapter when and to the degree the employee reasonably believes the force is immediately necessary to collect the sample.

(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.

§28.144. Fingerprint.

(a) The law enforcement agency must collect and forward fingerprints with the DNA Datacard supplied in the director-approved collection kit with each DNA sample collected under this subchapter.

(b) The thumbs must be rolled to capture the entire print if collected with ink.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on October 15, 2026.

TRD-202604383

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: November 29, 2026

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

SUBCHAPTER K. COLLECTION, STORAGE, PRESERVATION, AND RETRIEVAL OF BIOLOGICAL EVIDENCE

37 TAC §§28.181 - 28.183

The Texas Department of Public Safety (the department) proposes amendments to existing rules at 37 Texas Administrative Code (TAC), Chapter 28, Subchapter K, §§28.181 - 28.183, concerning Collection, Storage, Preservation, and Retrieval of Biological Evidence.

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 37 TAC, Chapter 28, Subchapter K, implement Texas Code of Criminal Procedure, Chapter 38, Evidence in Criminal Actions. The proposed rules update the collection and preservation best practices for biological evidence; additional changes include updating the Crime Laboratory Division name, specifying the Laboratory Customer Handbook, and updating a statutory reference.

SECTION-BY-SECTION SUMMARY

The proposed rules amend §28.181, Applicability and Standards, by specifying the name of the Laboratory Customer Handbook and updating Crime Laboratory Service to Crime Laboratory Division.

The proposed rules amend §28.182, Collection and Preservation, by updating the collection and preservation best practices for biological evidence.

The proposed rules amend §28.183, Retrieval and Retention, by updating the statutory reference.

FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT

LOCAL EMPLOYMENT IMPACT STATEMENT

PUBLIC BENEFITS

Ms. Amilhat has determined that for each year of the first five-year period the proposed rules are in effect, the public benefit will be enhanced preservation of biological evidence.

PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL

FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES

There will be no adverse economic effect on small businesses, micro-businesses, or rural communities as a result of the proposed rules. Because the department has determined that the proposed rule will have no adverse economic effect on small businesses, micro-businesses, or rural communities, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under Texas Government Code, §2006.002, is not required.

ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT

GOVERNMENT GROWTH IMPACT STATEMENT

1. The proposed rules do not create or eliminate a government program.

2. Implementation of the proposed rules does not require the creation of new employee positions or the elimination of existing employee positions.

3. Implementation of the proposed rules does not require an increase or decrease in future legislative appropriations to the agency.

4. The proposed rules do not require an increase or decrease in fees paid to the agency.

5. The proposed rules do not create a new regulation.

6. The proposed rules do not expand, limit, or repeal an existing regulation.

7. The proposed rules do not increase or decrease the number of individuals subject to the rules' applicability.

8. The proposed rules do not positively or adversely affect this state's economy.

TAKINGS IMPACT ASSESSMENT

PUBLIC COMMENTS AND INFORMATION RELATED TO THE COST, BENEFIT, OR EFFECT OF THE PROPOSED RULES

The department is requesting public comments on the proposed rules and information related to the cost, benefit, or effect of the proposed rules, including any applicable data, research, or analysis. Any information that is submitted in response to this request must include an explanation of how and why the submitted information is specific to the proposed rules. Please do not submit copyrighted, confidential, or proprietary information. Comments on the proposed rules and responses to the request for information may be submitted to Frances Navejas, Crime Laboratory Division, Texas Department of Public Safety, 5800 Guadalupe Street, Austin, Texas 78752, or by email to Frances.Navejas@dps.texas.gov. Email submission only is preferred. The deadline for comments is 30 days after publication in the Texas Register.

STATUTORY AUTHORITY

The proposed rules are proposed under Texas Code of Criminal Procedure, Art. 38.43(g), which requires the department to adopt rules and standards that specify the manner of collection, storage, preservation, and retrieval of biological evidence.

The statutory provisions affected by the proposed rules are those set forth in Texas Code of Criminal Procedure, Art. 38.43.

§28.181. Applicability and Standards.

This subchapter applies to the collection, storage, preservation and retrieval of biological evidence as defined and specified in Code of Criminal Procedure, Article 38.43. Pursuant to this article, the department has adopted standards, consistent with best practices, which are published in the Laboratory Customer Handbook located at the Crime Laboratory Division’s [~~Service's~~] homepage on the department's website at www.dps.texas.gov.

§28.182. Collection and Preservation.

(a) Biological evidence and materials should be collected, handled, and preserved in a manner that prevents contamination, [~~and~~] slows degradation, and ensures integrity during all phases of the investigation, pretrial, and post adjudication, including:

(1) Using personal protective equipment such as gloves during collection and handling of biological evidence to prevent contamination;

(2) Ensuring each item of biological evidence is thoroughly dried prior to packaging to slow degradation;

(3) [~~(1)~~] Packaging each item of biological evidence separately in breathable containers to slow degradation and prevent contamination;

(4) [~~(2)~~] Labeling, marking for identification, and sealing each package of evidence to preserve its chain-of-custody and to prevent cross contamination, loss, or deleterious change; and

(5) [~~(3)~~] Storing the evidence in climate-controlled [~~climate controlled~~] conditions in a facility, which provides security and limited access.

(b) During the trial phase, due diligence shall be exercised to protect biological evidence from cross contamination, loss, and deleterious change. If a courthouse has climate-controlled [~~climate controlled~~] facilities, those facilities should be used. Personal protective equipment such as gloves should be used when handling the evidence in court.

§28.183. Retrieval and Retention.

(a) The retention and preservation schedule for biological evidence may be accessed in Code of Criminal Procedure, Article 38.43(c) and (c-1).

(b) Long-term evidence retention should be part of the governmental evidence-retention entity's evidence control policy.

(c) A governmental evidence-retention entity must have a system to catalog evidence so it is possible to locate any retained biological evidence.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on October 15, 2026.

TRD-202604384

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: November 29, 2026

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

SUBCHAPTER M. MISCELLANEOUS

37 TAC §28.201

The Texas Department of Public Safety (the department) proposes amendments to an existing rule at 37 Texas Administrative Code (TAC), Chapter 28, Subchapter M, §28.201, concerning Sexual Assault Evidence in Cases Without Law Enforcement Reporting.

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 37 TAC, Chapter 28, Subchapter M, implement Texas Code of Criminal Procedure, Chapter 56A, Rights of Crime Victims. The proposed rule corrects an outdated statutory reference, removes outdated language related to allowable reimbursements that is no longer applicable to the department, and updates Crime Laboratory Service to Crime Laboratory Division.

SECTION-BY-SECTION SUMMARY

The proposed rule amends §28.201, concerning Sexual Assault Evidence in Cases Without Law Enforcement Reporting, by correcting an outdated statutory reference, removing outdated language related to allowable reimbursements that is no longer applicable to the department, and updating Crime Laboratory Service to Crime Laboratory Division.

FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT

LOCAL EMPLOYMENT IMPACT STATEMENT

PUBLIC BENEFITS

Ms. Amilhat has determined that for each year of the first five-year period the proposed rule is in effect, the public benefit will be accurate information published regarding sexual assault evidence in cases without law enforcement reporting.

PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL

FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES

ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT

GOVERNMENT GROWTH IMPACT STATEMENT

1. The proposed rule does not create or eliminate a government program.

2. Implementation of the proposed rule does not require the creation of new employee positions or the elimination of existing employee positions.

3. Implementation of the proposed rule does not require an increase or decrease in future legislative appropriations to the agency.

4. The proposed rule does not require an increase or decrease in fees paid to the agency.

5. The proposed rule does not create a new regulation.

6. The proposed rule does not expand, limit, or repeal an existing regulation.

7. The proposed rule does not increase or decrease the number of individuals subject to the rule's applicability.

8. The proposed rule does not positively or adversely affect this state's economy.

TAKINGS IMPACT ASSESSMENT

PUBLIC COMMENTS AND INFORMATION RELATED TO THE COST, BENEFIT, OR EFFECT OF THE PROPOSED RULES

STATUTORY AUTHORITY

The proposed rule is proposed under Texas Code of Criminal Procedure, Art. 56A.309, which requires the department to adopt rules as necessary to implement Subchapter G, Forensic Medical Examination of Sexual Assault Victim.

The statutory provisions affected by the proposed rule are those set forth in Texas Code of Criminal Procedure, Art. 56A.306 and 56A.309.

§28.201. Sexual Assault Evidence in Cases Without Law Enforcement Reporting.

Pursuant to Code of Criminal Procedure, Article 56A.306 [~~56.065~~], instructions and forms regarding the submission, transfer, and preservation of evidence [~~and allowable reimbursement~~] are located at the Crime Laboratory Division’s [~~Service's~~] homepage on the department's website at www.dps.texas.gov.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on October 15, 2026.

TRD-202604385

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: November 29, 2026

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

CHAPTER 35. PRIVATE SECURITY

SUBCHAPTER M. CONTINUING EDUCATION

37 TAC §35.161

The Texas Department of Public Safety (the department) proposes amendments to an existing rule at 37 Texas Administrative Code (TAC), Chapter 35, Subchapter M, §35.161, concerning Continuing Education Requirements.

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 37 TAC, Chapter 35, Subchapter M, implement Texas Occupations Code, Chapter 1702, Private Security. The proposed rule revises the existing one-hour ethics requirement to include either one hour of ethics or code compliance updates. The amendment was recommended by the Private Security Advisory Board.

SECTION-BY-SECTION SUMMARY

The proposed rule amends §35.161, Continuing Education Requirements, by revising the one-hour ethics component of the continuing education requirement for individual license holders and owners, partners, and shareholders who hold individual licenses as owners to allow for one hour of content on either ethics or code compliance updates. One grammatical correction is also made.

FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT

Amanda Contrino, Senior Policy Analyst, Regulatory Services Division, has determined that for each year of the first five years the proposed rule is in effect, there are no estimated additional costs or reductions in costs to state or local government as a result of enforcing or administering the proposed rule. Ms. Contrino has determined that for each year of the first five years the proposed rule is in effect, there is no estimated increase or loss in revenue to the state or local government as a result of enforcing or administering the proposed rule.

LOCAL EMPLOYMENT IMPACT STATEMENT

Because Ms. Contrino has determined that the proposed rule will not affect a local economy, the department is not required to prepare a local employment impact statement under Texas Government Code, §2001.022.

PUBLIC BENEFITS

Ms. Contrino has determined that for each year of the first five-year period the proposed rule is in effect, the public benefit will be enhanced oversight and consistency in the administration of the Private Security Program.

PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL

Ms. Contrino has determined that for each year of the first five-year period the proposed rule is in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rule.

FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES

ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT

GOVERNMENT GROWTH IMPACT STATEMENT

1. The proposed rule does not create or eliminate a government program.

2. Implementation of the proposed rule does not require the creation of new employee positions or the elimination of existing employee positions.

3. Implementation of the proposed rule does not require an increase or decrease in future legislative appropriations to the agency.

4. The proposed rule does not require an increase or decrease in fees paid to the agency.

5. The proposed rule does not create a new regulation.

6. The proposed rule expands, limits, or repeals an existing regulation.

7. The proposed rule does not increase or decrease the number of individuals subject to the rule's applicability.

8. The proposed rule does not positively or adversely affect this state's economy.

TAKINGS IMPACT ASSESSMENT

PUBLIC COMMENTS AND INFORMATION RELATED TO THE COST, BENEFIT, OR EFFECT OF THE PROPOSED RULES

The department is requesting public comments on the proposed rule and information related to the cost, benefit, or effect of the proposed rule, including any applicable data, research, or analysis. Any information that is submitted in response to this request must include an explanation of how and why the submitted information is specific to the proposed rule. Please do not submit copyrighted, confidential, or proprietary information. Comments on the proposed rule and responses to the request for information may be submitted to Amanda Contrino, Regulatory Services Division, Department of Public Safety, P.O. Box 4087, MSC-0240, Austin, Texas 78773-0240, or by email to RSD.Rule.Comments@dps.texas.gov. Email submission only is preferred. The deadline for comments is 30 days after publication in the Texas Register.

STATUTORY AUTHORITY

The proposed rule is proposed under Texas Occupations Code, §1702.061(a), which requires the Public Safety Commission to adopt rules and general policies to guide the department in the administration of the chapter; and §1702.308, which requires the department to recognize, prepare, or administer continuing education programs for company license holders, commissioned security officers, and individual license holders.

The statutory provisions affected by the proposed rule are those set forth in Texas Occupations Code, §1702.061 and §1702.308.

§35.161. Continuing Education Requirements.

(a) An application to renew an individual license may not be submitted until the required minimum hours of department approved continuing education credits have been earned in accordance with the Act and this chapter. Proof of the required continuing education must be maintained by the employer and contained in the employee's personnel file. All individual licensees shall indicate they have completed the required minimum hours of department approved continuing education credits on their application for renewal.

(b) Owners, partners, and shareholders who hold individual licenses as owners only, shall complete a total of eight (8) hours of continuing education, including seven (7) hours in the subject matter that relates to the type of regulated service provided by their company, and one (1) hour of either ethics or code compliance updates. Noncommissioned security officers, and all individuals not required to obtain a commission or license under the Act are specifically exempted from the continuing education requirements.

(c) All individual license holders not otherwise addressed in this section shall complete a total of eight (8) hours of continuing education, seven (7) hours of which must be in subject matter that relates to the type of individual license held, and one (1) hour of either [~~which must cover~~] ethics or code compliance updates.

(d) Private investigators with more than fifteen (15) years of continued licensure as a private investigator shall complete a total of twelve (12) hours of continuing education, eight (8) hours of which must relate to investigations, two (2) hours of which must cover ethics, and two (2) hours of which must involve the review of the Act and the rules of this chapter.

(e) Private investigators with less than fifteen (15) years of continued licensure as a private investigator shall complete a total of eighteen (18) hours of continuing education, fourteen (14) of which must relate to investigations, two (2) hours of which must cover ethics, and two (2) hours of which must involve the review of the Act and the rules of this chapter.

(f) Any individual licensed as a private investigator who fails to complete the required continuing education during the twenty-four (24) months of initial licensure is not eligible to make a new or renewal application until such time as the training requirement for the previous licensure period has been satisfied.

(g) Commissioned security officers and personal protection officers shall complete six (6) hours of continuing education by completing the renewal portions of the Level III or IV training course, as applicable. All continuing education for commissioned security officers and personal protection officers must be taught by department approved training schools and instructors. Commissioned security officers shall submit a firearms proficiency certificate along with the renewal application.

(h) During the first twelve (12) months of initial licensure, alarm system installers must complete the Alarm Level I training. This training consists of sixteen (16) hours of classroom instruction or equivalent online course as approved by the department, with two (2) hours covering the National Electrical Code (NEC) as it applies to low voltage. Alarm systems installers [~~installer~~] must earn eight (8) hours of continuing education credits in an alarm related field, with one (1) hour covering the National Electrical Code (NEC) as it applies to low voltage, during each subsequent twenty-four (24) month period. This requirement must be satisfied prior to the expiration date of the license and before renewal.

(i) For the protection of the installer and the general public, the work of an alarm system installer who has not completed the required sixteen (16) hours of instruction must be overseen by an installer who has completed the required sixteen (16) hours of instruction. The oversight required under this section need not involve direct physical supervision, but the overseeing installer is responsible for ensuring the installation complies with all applicable requirements and regulations.

(j) Any licensed alarm systems installer who fails to complete sixteen (16) hours of training during the twenty-four (24) months of initial licensure, or who fails to complete eight (8) hours of continuing education during any subsequent licensing period is not eligible to renew until all training requirements for the previous license period have been satisfied.

(k) Alarm monitors shall complete four (4) hours of continuing education relating to the duties and responsibilities of an alarm monitor.

(l) All individuals licensed as locksmiths must complete sixteen (16) hours of continuing education every two (2) years.

(m) Attendees of continuing education courses shall maintain certificates of completion furnished by the school director in their files for a period of two (2) years. Attendees shall furnish the department with copies of all certificates of completion upon request.

(n) Continuing education courses are only valid if completed within the two year period preceding the license's current expiration date.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on October 15, 2026.

TRD-202604386

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: November 29, 2026

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