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