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  H.B. No. 1264
  relating to the preservation of toxicological evidence collected in
  connection with certain intoxication offenses.
         SECTION 1.  Chapter 38, Code of Criminal Procedure, is
  amended by adding Article 38.50 to read as follows:
  "toxicological evidence" means a blood or urine specimen that was
  collected as part of an investigation of an alleged offense under
  Chapter 49, Penal Code.
         (b)  This article applies to a governmental or public entity
  or an individual, including a law enforcement agency, prosecutor's
  office, or crime laboratory, that is charged with the collection,
  storage, preservation, analysis, or retrieval of toxicological
         (c)  An entity or individual described by Subsection (b)
  shall ensure that toxicological evidence collected pursuant to an
  investigation or prosecution of an offense under Chapter 49, Penal
  Code, is retained and preserved, as applicable:
               (1)  for the greater of two years or the period of the
  statute of limitations for the offense, if the indictment or
  information charging the defendant, or the petition in a juvenile
  proceeding, has not been presented;
               (2)  for the duration of a defendant's sentence or term
  of community supervision, as applicable, if the defendant is
  convicted or placed on community supervision, or for the duration
  of the commitment or supervision period applicable to the
  disposition of a juvenile adjudicated as having engaged in
  delinquent conduct or conduct indicating a need for supervision; or
               (3)  until the defendant is acquitted or the indictment
  or information is dismissed with prejudice, or, in a juvenile
  proceeding, until a hearing is held and the court does not find the
  child engaged in delinquent conduct or conduct indicating a need
  for supervision.
         (d)  For each offense subject to this article, the court
  shall determine as soon as practicable the appropriate retention
  and preservation period for the toxicological evidence under
  Subsection (c) and notify the defendant or the child or child's
  guardian and the entity or individual charged with storage of the
  toxicological evidence of the period for which the evidence is to be
  retained and preserved. If an action of the prosecutor or the court
  changes the applicable period under Subsection (c), the court shall
  notify the persons described by this subsection about the change.
         (e)  The entity or individual charged with storing
  toxicological evidence may destroy the evidence on expiration of
  the period provided by the notice most recently issued by the court
  under Subsection (d).
         (f)  To the extent of any conflict between this article and
  Article 2.21 or 38.43, this article controls.
         SECTION 2.  Article 38.50, Code of Criminal Procedure, as
  added by this Act, applies to all toxicological evidence stored by
  an entity or individual on or after the effective date of this Act,
  regardless of whether the evidence was collected before, on, or
  after the effective date of this Act.
         SECTION 3.  This Act takes effect September 1, 2015.
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
         I certify that H.B. No. 1264 was passed by the House on May 8,
  2015, by the following vote:  Yeas 138, Nays 4, 2 present, not
  Chief Clerk of the House   
         I certify that H.B. No. 1264 was passed by the Senate on May
  20, 2015, by the following vote:  Yeas 31, Nays 0.
  Secretary of the Senate    
  APPROVED:  _____________________