H.B. No. 3594

	AN ACT
	relating to the preservation of evidence that contains biological
	material.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Article 38.43, Code of Criminal Procedure, is
	amended by adding Subsection (f) to read as follows:
	(f)(1)  This subsection applies only to evidence described
	by Subsection (b) that was used to prosecute and convict a defendant
	of an offense under Chapter 19, 21, or 22, Penal Code, if on
	conviction of the offense the defendant was sentenced to a term of
	imprisonment of 10 years or more.
	(2)  In a county with a population less than 100,000,
	the attorney representing the state, clerk, or other officer in
	possession of any evidence to which this subsection applies shall
	ensure the preservation of the evidence by promptly delivering the
	evidence to the Department of Public Safety for storage in
	accordance with Section 411.052, Government Code, and department
	rules.
	SECTION 2.  Subchapter D, Chapter 411, Government Code, is
	amended by adding Section 411.052 to read as follows:
	Sec. 411.052.  PRESERVATION OF EVIDENCE CONTAINING
	BIOLOGICAL MATERIAL.  (a)  The department:
	(1)  shall maintain a storage space for the
	preservation of evidence containing biological material that is
	delivered to the department under Article 38.43(f), Code of
	Criminal Procedure; and
	(2)  may maintain a storage space for the preservation
	of evidence of a sexual assault or other sex offense.
	(b)  The department shall adopt rules relating to the
	delivery, cataloging, and preservation of evidence stored under
	this section.
	SECTION 3.  (a)  The Department of Public Safety of the State
	of Texas shall adopt rules as required by Section 411.052(b),
	Government Code, as added by this Act, not later than November 1,
	2009.
	(b)  The Department of Public Safety of the State of Texas
	must begin accepting evidence delivered to the department in
	accordance with Article 38.43, Code of Criminal Procedure, as
	amended by this Act, and Section 411.052, Government Code, as added
	by this Act, on January 1, 2010.
	SECTION 4.  The change in law made by this Act applies to the
	storage of evidence in the possession of the state during a criminal
	proceeding that commences on or after January 1, 2010.  The storage
	of evidence in the possession of the state during a criminal
	proceeding that commences before January 1, 2010, is covered by the
	law in effect when the proceeding commenced, and the former law is
	continued in effect for that purpose.
	SECTION 5.  This Act does not make an appropriation.  A
	provision in this Act that creates a new governmental program,
	creates a new entitlement, or imposes a new duty on a governmental
	entity is not mandatory during a fiscal period for which the
	legislature has not made a specific appropriation to implement the
	provision.
	SECTION 6.  This Act takes effect September 1, 2009.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 3594 was passed by the House on May
	14, 2009, by the following vote:  Yeas 142, Nays 0, 1 present, not
	voting; and that the House concurred in Senate amendments to H.B.
	No. 3594 on May 29, 2009, by the following vote:  Yeas 143, Nays 0,
	2 present, not voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 3594 was passed by the Senate, with
	amendments, on May 27, 2009, by the following vote:  Yeas 31, Nays
	0.
	______________________________
	Secretary of the Senate
	APPROVED: __________________
	Date
	__________________
	Governor