reglab/housing_qa huggingface dataset:
TX Govt Code § 411.141 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle B - Law Enforcement and Public Protection|Chapter 411 - Department of Public Safety of the State of Texas|Subchapter G. DNA Database System|Section 411.141. Definitions

Sec. 411.141.  DEFINITIONS.  In this subchapter:(1)  "CODIS" means the FBI's Combined DNA Index System.  The term includes the national DNA index system sponsored by the FBI.(2)  "Conviction" includes conviction by a jury or a court, a guilty plea, a plea of nolo contendere, or a finding of not guilty by reason of insanity.(3)  "Criminal justice agency" means:(A)  a federal or state agency that is engaged in the administration of criminal justice under a statute or executive order and that allocates a substantial part of its annual budget to the administration of criminal justice;(B)  a secure correctional facility as defined by Section 1.07, Penal Code; or(C)  a community supervision and corrections department, a parole office, or a local juvenile probation department or parole office.(4)  "DNA" means deoxyribonucleic acid.(5)  "DNA database" means one or more databases that contain forensic DNA records maintained by the director.(6)  "DNA laboratory" means 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 department crime laboratory facility that conducts forensic DNA analysis.(7)  "DNA record" means 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 to locate:(A)  the originating entity; and(B)  if known, the name and other personally identifying information concerning the individual who is the subject of the analysis.(8)  "DNA sample" means a blood sample or other biological sample or specimen provided by an individual under this subchapter or submitted to the director under this subchapter for DNA analysis or storage.(9)  "FBI" means the Federal Bureau of Investigation.(10)  "Forensic analysis" has the meaning assigned by Article 38.35, Code of Criminal Procedure.(11)  "Institution of higher education" has the meaning assigned by Section 61.003, Education Code.(12)  "Penal institution" has the meaning assigned by Section 1.07, Penal Code.|Added by Acts 1995, 74th Leg., ch. 595, Sec. 1, eff. Sept. 1, 1995.Amended by: Acts 2005, 79th Leg., Ch. 1224 (H.B. 1068), Sec. 4, eff. September 1, 2005.Acts 2009, 81st Leg., R.S., Ch. 1209 (S.B. 727), Sec. 9, eff. September 1, 2009.|
TX Govt Code § 411.1425 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle B - Law Enforcement and Public Protection|Chapter 411 - Department of Public Safety of the State of Texas|Subchapter G. DNA Database System|Section 411.1425. Grant Funds

Sec. 411.1425.  GRANT FUNDS.  The director shall apply for any available federal grant funds applicable to the creation and storage of DNA records of persons arrested for certain offenses.|Added by Acts 2019, 86th Leg., R.S., Ch. 1285 (H.B. 1399), Sec. 4, eff. September 1, 2019.|
TX Govt Code § 411.143 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle B - Law Enforcement and Public Protection|Chapter 411 - Department of Public Safety of the State of Texas|Subchapter G. DNA Database System|Section 411.143. Purposes

Sec. 411.143.  PURPOSES.  (a)  The principal purpose of the DNA database is to assist a federal, state, or local criminal justice agency in the investigation or prosecution of sex-related offenses or other offenses in which biological evidence is recovered.(b)  In criminal cases, the purposes of the DNA database are only for use in the investigation of an offense, the exclusion or identification of suspects or offenders, and the prosecution or defense of the case.(c)  Other purposes of the database include:(1)  assisting in the recovery or identification of human remains from a disaster or for humanitarian purposes;(2)  assisting in the identification of living or deceased missing persons;(3)  if personal identifying information is removed:(A)  establishing a population statistics database; and(B)  assisting in identification research, forensic validation studies, or forensic protocol development; and(4)  retesting to validate or update the original analysis or assisting in database or DNA laboratory quality control.(d)  The information contained in the DNA database may not be collected, analyzed, or stored to obtain information about human physical traits or predisposition for disease unless the purpose for obtaining the information is related to a purpose described by this section.(e)  The director may not store a name or other personal identifying information in the CODIS database.  A file or reference number to another information system may be included in the CODIS database only if the director determines the information is necessary to:(1)  generate an investigative lead or exclusion;(2)  support the statistical interpretation of a test result;  or(3)  allow for the successful implementation of the DNA database.(f)  Except as provided by this subchapter, the DNA database may not include criminal history record information.(g)  A party contracting to carry out a function of another entity under this subchapter shall comply with:(1)  a requirement imposed by this subchapter on the other entity, unless the party or other entity is exempted by the director; and(2)  any additional requirement imposed by the director on the party.|Added by Acts 1995, 74th Leg., ch. 595, Sec. 1, eff. Sept. 1, 1995.Amended by: Acts 2005, 79th Leg., Ch. 1224 (H.B. 1068), Sec. 6, eff. September 1, 2005.|
TX Govt Code § 411.144 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle B - Law Enforcement and Public Protection|Chapter 411 - Department of Public Safety of the State of Texas|Subchapter G. DNA Database System|Section 411.144. Regulation of DNA Laboratories; Penalties

Sec. 411.144.  REGULATION OF DNA LABORATORIES; PENALTIES.  (a)  The director by rule shall establish procedures for a DNA laboratory or criminal justice agency in the collection, preservation, shipment, analysis, and use of a DNA sample for forensic DNA analysis in a manner that permits the exchange of DNA evidence between DNA laboratories and the use of the evidence in a criminal case.(b)  A DNA laboratory or criminal justice agency shall follow the procedures:(1)  established by the director under this section; and(2)  specified by the FBI, including use of comparable test procedures, laboratory equipment, supplies, and computer software.(c)  The director may at any reasonable time enter and inspect the premises or audit the records, reports, procedures, or other quality assurance matters of any DNA laboratory that:(1)  provides DNA records to the director under this subchapter; or(2)  conducts forensic analysis.(d)  A DNA laboratory conducting a forensic DNA analysis under this subchapter shall:(1)  forward the DNA record of the analysis to the director at the department's crime laboratory or another location as required by the director; and(2)  comply with this subchapter and rules adopted under this subchapter.(e)  The director is the Texas liaison for DNA data, records, evidence, and other related matters between:(1)  the FBI; and(2)  a DNA laboratory or a criminal justice agency.(f)  The director may:(1)  conduct DNA analyses; or(2)  contract with a laboratory, state agency, private entity, or institution of higher education for services to perform DNA analyses for the director.|Added by Acts 1995, 74th Leg., ch. 595, Sec. 1, eff. Sept. 1, 1995.Amended by: Acts 2005, 79th Leg., Ch. 1224 (H.B. 1068), Sec. 7, eff. September 1, 2005.|
TX Govt Code § 411.145 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle B - Law Enforcement and Public Protection|Chapter 411 - Department of Public Safety of the State of Texas|Subchapter G. DNA Database System|Section 411.145. Fees

Sec. 411.145.  FEES.  (a)  The director may collect a reasonable fee under this subchapter for:(1)  the DNA analysis of a DNA sample submitted voluntarily to the director; or(2)  providing population statistics data or other appropriate research data.(b)  If the director provides a copy of an audit or other report made under this subchapter, the director may charge $6 for the copy, in addition to any other cost permitted under Chapter 552 or a rule adopted under that chapter.(c)  A fee collected under this section shall be deposited in the state treasury to the credit of the state highway fund, and money deposited to the state highway fund under this section and under Chapter 42A, Code of Criminal Procedure, may be used only to defray the cost of administering this subchapter.|Added by Acts 1995, 74th Leg., ch. 595, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1490, Sec. 1, eff. Sept. 1, 2001.Amended by: Acts 2005, 79th Leg., Ch. 1224 (H.B. 1068), Sec. 8, eff. September 1, 2005.Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.41, eff. January 1, 2017.Acts 2015, 84th Leg., R.S., Ch. 1276 (S.B. 1287), Sec. 12, eff. September 1, 2015.Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 4.32, eff. January 1, 2020.|
TX Govt Code § 411.146 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle B - Law Enforcement and Public Protection|Chapter 411 - Department of Public Safety of the State of Texas|Subchapter G. DNA Database System|Section 411.146. DNA Samples

Sec. 411.146.  DNA SAMPLES.  (a)  The director may not accept a DNA record or DNA sample collected from an individual who at the time of collection is alive, unless the director reasonably believes the sample was submitted voluntarily or as required by this subchapter and is:(1)  a blood sample collected in a medically approved manner by:(A)  a physician, registered nurse, licensed vocational nurse, licensed clinical laboratory technologist; or(B)  an individual who is trained to properly collect blood samples under this subchapter; or(2)  a specimen other than a blood sample collected:(A)  in a manner approved by the director by rule adopted under this section; and(B)  by an individual who is trained to properly collect the specimen under this subchapter.(b)  The director shall provide at no cost to a person collecting a DNA sample as described by Subsection (a) the collection kits, labels, report forms, instructions, and training for collection of DNA samples under this section.(c)(1)  The director shall adopt rules regarding the collection, preservation, shipment, and analysis of a DNA database sample under this subchapter, including the type of sample or specimen taken.(2)  A criminal justice agency permitted or required to collect a DNA sample for forensic DNA analysis under this subchapter:(A)  may collect the sample or contract with a phlebotomist, laboratory, state agency, private entity, or institution of higher education for services to collect the sample at the time determined by the agency; and(B)  shall:(i)  preserve each sample collected until it is forwarded to the director under Subsection (d); and(ii)  maintain a record of the collection of the sample.(d)  A criminal justice agency that collects a DNA sample under this section shall send the sample to:(1)  the director at the department's crime laboratory; or(2)  another location as required by the director by rule.(e)  A DNA laboratory may analyze a DNA sample collected under this section only:(1)  to type the genetic markers contained in the sample;(2)  for criminal justice or law enforcement purposes; or(3)  for other purposes described by this subchapter.(f)  If possible, a second DNA sample must be collected from an individual in a criminal investigation if forensic DNA evidence is necessary for use as substantive evidence in the investigation, prosecution, or defense of a case.|Added by Acts 1995, 74th Leg., ch. 595, Sec. 1, eff. Sept. 1, 1995.Amended by: Acts 2005, 79th Leg., Ch. 1224 (H.B. 1068), Sec. 9, eff. September 1, 2005.|
TX Govt Code § 411.147 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle B - Law Enforcement and Public Protection|Chapter 411 - Department of Public Safety of the State of Texas|Subchapter G. DNA Database System|Section 411.147. Access to DNA Database Information

Sec. 411.147.  ACCESS TO DNA DATABASE INFORMATION.  (a)  The director by rule shall establish procedures:(1)  to prevent unauthorized access to the DNA database; and(2)  to release from the DNA database a DNA sample, analysis, record, or other information maintained under this subchapter.(b)  The director may adopt rules relating to the internal disclosure, access, or use of a sample or DNA record in a DNA laboratory.(c)  The director may release a DNA sample, analysis, or record only:(1)  to a criminal justice agency for criminal justice or law enforcement identification purposes;(2)  for a judicial proceeding, if otherwise admissible under law;(3)  for criminal defense purposes to a defendant, if related to the case in which the defendant is charged or released from custody under Article 17.47, Code of Criminal Procedure, or other court order; or(4)  for another purpose:(A)  described in Section 411.143; or(B)  required under federal law as a condition for obtaining federal funding.(d)  The director may release a record of the number of requests made for a defendant's individual DNA record and the name of the requesting person.(e)  A criminal justice agency may have access to a DNA sample for a law enforcement purpose through:(1)  the agency's laboratory; or(2)  a laboratory used by the agency.(f)  The director shall maintain a record of requests made under this section.|Added by Acts 1995, 74th Leg., ch. 595, Sec. 1, eff. Sept. 1, 1995.Amended by: Acts 2005, 79th Leg., Ch. 1224 (H.B. 1068), Sec. 10, eff. September 1, 2005.|
TX Govt Code § 411.1473 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle B - Law Enforcement and Public Protection|Chapter 411 - Department of Public Safety of the State of Texas|Subchapter G. DNA Database System|Section 411.1473. DNA Records of Certain Registered Sex Offenders

Sec. 411.1473.  DNA RECORDS OF CERTAIN REGISTERED SEX OFFENDERS.  (a)  This section applies only to a person who is required to register under Chapter 62, Code of Criminal Procedure.(b)  The department by rule shall require a law enforcement agency serving as a person's primary registration authority under Chapter 62, Code of Criminal Procedure, to:(1)  take one or more specimens from a person described by Subsection (a) for the purpose of creating a DNA record; and(2)  preserve the specimen and maintain a record of the collection of the specimen.(c)  A law enforcement agency taking a specimen under this section may either send the specimen to the director or send to the director an analysis of the specimen performed by a laboratory chosen by the agency and approved by the director.(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.|Added by Acts 2005, 79th Leg., Ch. 1008 (H.B. 867), Sec. 1.05, eff. September 1, 2005.|
TX Govt Code § 411.149 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle B - Law Enforcement and Public Protection|Chapter 411 - Department of Public Safety of the State of Texas|Subchapter G. DNA Database System|Section 411.149. Voluntary DNA Record

Sec. 411.149.  VOLUNTARY DNA RECORD.  An individual, including an individual required to provide a DNA sample under this subchapter, may at any time voluntarily provide or cause to be provided to a criminal justice agency a sample to be forwarded to the director for the purpose of creating a DNA record under this subchapter.|Added by Acts 1995, 74th Leg., ch. 595, Sec. 1, eff. Sept. 1, 1995.Amended by: Acts 2005, 79th Leg., Ch. 1224 (H.B. 1068), Sec. 12, eff. September 1, 2005.|
TX Govt Code § 411.151 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle B - Law Enforcement and Public Protection|Chapter 411 - Department of Public Safety of the State of Texas|Subchapter G. DNA Database System|Section 411.151. Expunction or Removal of DNA Records

Sec. 411.151.  EXPUNCTION OR REMOVAL OF DNA RECORDS.  (a)  The director shall expunge a DNA record of an individual from a DNA database if the person:(1)  notifies the director in writing that the DNA record has been ordered to be expunged under this section or Chapter 55, Code of Criminal Procedure, and provides the director with a certified copy of the court order that expunges the DNA record; or(2)  provides the director with a certified copy of a court order issued under Subchapter C-1, Chapter 58, Family Code, that seals the juvenile record of the adjudication that resulted in the DNA record.(b)  A person may petition for the expunction of a DNA record under the procedures established under Article 55.02, Code of Criminal Procedure, if the person is entitled to the expunction of records relating to the offense to which the DNA record is related under Article 55.01, Code of Criminal Procedure.(c)  This section does not require the director to expunge a record or destroy a sample if the director determines that the individual is otherwise required to submit a DNA sample under this subchapter.(d)  The director by rule may permit administrative removal of a record, sample, or other information erroneously included in a database.(e)  The department's failure to expunge a DNA record as required by this section may not serve as the sole grounds for a court in a criminal proceeding to exclude evidence based on or derived from the contents of that record.|Added by Acts 1995, 74th Leg., ch. 595, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 283, Sec. 44, eff. Sept. 1, 2003.Amended by: Acts 2005, 79th Leg., Ch. 1224 (H.B. 1068), Sec. 13, eff. September 1, 2005.Acts 2011, 82nd Leg., R.S., Ch. 1105 (S.B. 1636), Sec. 1, eff. September 1, 2011.Acts 2017, 85th Leg., R.S., Ch. 746 (S.B. 1304), Sec. 20, eff. September 1, 2017.|
TX Govt Code § 411.152 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle B - Law Enforcement and Public Protection|Chapter 411 - Department of Public Safety of the State of Texas|Subchapter G. DNA Database System|Section 411.152. Rules

Sec. 411.152.  RULES.  (a)  The director may adopt rules permitted by this subchapter that are necessary to administer or enforce this subchapter but shall adopt a rule expressly required by this subchapter.(b)  The director by rule may release or permit access to information to confirm or deny whether an individual has a preexisting record under this subchapter.  After receiving a request regarding an individual whose DNA record has been expunged or removed under Section 411.151, the director shall deny the preexisting record.(c)  The director by rule may exempt:(1)  a laboratory conducting non-human forensic DNA analysis from a rule adopted under this subchapter; and(2)  certain categories of individuals from a requirement to provide an additional sample after an acceptable DNA record exists for the individual.(d)  The director by rule may determine whether a DNA sample complies with a collection provision of this subchapter.|Added by Acts 1995, 74th Leg., ch. 595, Sec. 1, eff. Sept. 1, 1995.Amended by: Acts 2005, 79th Leg., Ch. 1224 (H.B. 1068), Sec. 14, eff. September 1, 2005.|
TX Govt Code § 411.153 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle B - Law Enforcement and Public Protection|Chapter 411 - Department of Public Safety of the State of Texas|Subchapter G. DNA Database System|Section 411.153. Confidentiality of DNA Records

Sec. 411.153.  CONFIDENTIALITY OF DNA RECORDS.  (a)  A DNA record stored in the DNA database is confidential and is not subject to disclosure under the public information law, Chapter 552.(b)  A person commits an offense if the person knowingly discloses to an unauthorized recipient information in a DNA record or information related to a DNA analysis of a sample collected under this subchapter.(c)  An offense under this section is a state jail felony.(d)  A violation under this section constitutes official misconduct.|Added by Acts 1995, 74th Leg., ch. 595, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1490, Sec. 3, eff. Sept. 1, 2001.Added by Acts 1995, 74th Leg., ch. 595, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1490, Sec. 3, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1509, Sec. 3.Reenacted and amended by Acts 2005, 79th Leg., Ch. 1224 (H.B. 1068), Sec. 15, eff. September 1, 2005.Amended by: Acts 2007, 80th Leg., R.S., Ch. 760 (H.B. 3295), Sec. 4, eff. June 15, 2007.|
TX Govt Code § 411.154 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle B - Law Enforcement and Public Protection|Chapter 411 - Department of Public Safety of the State of Texas|Subchapter G. DNA Database System|Section 411.154. Enforcement by Court Order

Sec. 411.154.  ENFORCEMENT BY COURT ORDER.  (a)  On the request of the director, a district or county attorney or the attorney general may petition a district court for an order requiring a person to:(1)  comply with this subchapter or a rule adopted under this subchapter;  or(2)  refrain from acting in violation of this subchapter or a rule adopted under this subchapter.(b)  The court may issue an order requiring a person:(1)  to act in compliance with this subchapter or a rule adopted under this subchapter;(2)  to refrain from acting in violation of this subchapter or a rule adopted under this subchapter;(3)  to provide a DNA sample; or(4)  if the person has already provided a DNA sample, to provide another sample if good cause is shown.(c)  An order issued under this section is appealable as a criminal matter and if appealed is to be reviewed under an abuse of discretion standard.|Added by Acts 1995, 74th Leg., ch. 595, Sec. 1, eff. Sept. 1, 1995.Amended by: Acts 2005, 79th Leg., Ch. 1224 (H.B. 1068), Sec. 16, eff. September 1, 2005.|
TX Govt Code § 411.1711 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle B - Law Enforcement and Public Protection|Chapter 411 - Department of Public Safety of the State of Texas|Subchapter H. License to Carry a Handgun|Section 411.1711. Certain Exemptions From Convictions

Sec. 411.1711.  CERTAIN EXEMPTIONS FROM CONVICTIONS.  A person is not convicted, as that term is defined by Section 411.171, if an order of deferred adjudication was entered against the person on a date not less than 10 years preceding the date of the person's application for a license under this subchapter unless the order of deferred adjudication was entered against the person for:(1)  a felony offense under:(A)  Title 5, Penal Code;(B)  Chapter 29, Penal Code;(C)  Section 25.07 or 25.072, Penal Code; or(D)  Section 30.02, Penal Code, if the offense is punishable under Subsection (c)(2) or (d) of that section; or(2)  an offense under the laws of another state if the offense contains elements that are substantially similar to the elements of an offense listed in Subdivision (1).|Added by Acts 2005, 79th Leg., Ch. 1084 (H.B. 1831), Sec. 2, eff. September 1, 2005.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 11.01, eff. September 1, 2009.Acts 2013, 83rd Leg., R.S., Ch. 96 (S.B. 743), Sec. 7, eff. September 1, 2013.|