SECTION 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 Database Card and any associated record.

(b) Certification. The individual agency representative who collects the sample shall certify compliance with the DNA Procedural Guidelines. 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 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.

Source Note: The provisions of this §28.127 adopted to be effective June 1, 2010, 35 TexReg 4437