HB5149

Regular Session

Relating to restricting the collection and use of DNA samples from children in the managing conservatorship of the Department of Family and Protective Services.

ModeratePlan for compliance

Low Cost

Effective:2025-06-20

Enforcing Agencies

Department of Family and Protective Services (DFPS)

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: June 20, 2025 (Immediate effect due to supermajority vote).
Compliance Deadline: June 20, 2025. You must cease all non-compliant DNA collection immediately. Do not wait for the September 1 date listed in the initial bill text.
Agency Rulemaking: DFPS is expected to update the Child Protective Services Handbook and Minimum Standards to define "primary caregiver" in institutional settings, likely within 6-12 months. Until then, strict statutory interpretation applies.

Immediate Action Plan

1. Issue an Immediate Directive: Notify all staff and contracted medical providers that DNA collection is suspended effective immediately without specific documentation.
2. Audit Pending Labs: Contact testing vendors to freeze processing on any samples currently in the queue until consent is verified.
3. Distribute Consent Forms: Create and circulate the Section 264.131 compliance form to all case managers and foster homes.
4. Update Lab Requisitions: Modify external lab request forms to require a signature confirming legal authority to test.

Operational Changes Required

Contracts

Genetic Testing Labs: Master Service Agreements (MSAs) must be amended to include indemnification clauses requiring the ordering entity (CPA/DFPS) to warrant that Sec. 264.131 consent has been obtained prior to sample submission.
Foster Parent Agreements: CPAs must update agreements to explicitly inform foster parents of their statutory authority as "primary caregivers" to grant or withhold DNA consent, distinguishing this from biological parent rights.

Hiring/Training

"Stop and Verify" Protocol: Medical and casework staff must be trained to halt any buccal swab or blood draw intended for genetic analysis until a specific consent form or court order is physically present.
Role-Based Authority: Staff must be trained to identify the correct signatory. In foster homes, it is the foster parent. In biological placements, it is the parent. Caseworkers generally *cannot* sign this consent.

Reporting & Record-Keeping

New Consent Form: Deploy a "Section 264.131 DNA Collection Consent Form" immediately. This document must specify the purpose of collection and be signed by the current primary caregiver.
Chain of Custody: Lab requisitions must include a mandatory field/checkbox confirming legal authorization.
Case File Uploads: Authorization documents must be uploaded to the child’s permanent record *prior* to the physical collection of the sample.

Fees & Costs

No Direct Fee Changes: There are no new state fees.
Liability Exposure: Non-compliance creates high-cost exposure regarding privacy violations and potential license revocation for CPAs/RTCs.

Strategic Ambiguities & Considerations

"Primary Caregiver" in RTCs: The statute defines the consenter as the adult with "actual care, control, and possession." In shift-based Residential Treatment Centers, it is unclear if this authority lies with the Shift Supervisor or the Facility Administrator. Guidance: Designate the Facility Administrator as the sole signatory to mitigate risk until DFPS clarifies.
Scope of "Any Purpose": While the legislative intent focused on paternity, the statutory text prohibits collection for "any purpose." This includes medical genetic testing (e.g., cystic fibrosis screening). Guidance: Apply these consent protocols to *all* genetic testing, not just paternity, to avoid statutory violations.
Inventory "Use" Ban: The law prohibits the *use* of samples. Samples currently at labs but not yet processed are in a legal gray zone. Guidance: Place a hold on all pending samples collected before June 20, 2025, until retroactive consent is documented.

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Legislative Timeline

This bill's path through the Texas Legislature

TopicsFamily Family--child Protection Family--parent & Child Protection of Personal Information Dna Foster Care Paternity Family & Protective Services, Department of

Official Analysis

View HRO Analysis View All Bill Documents

BILL ANALYSIS

C.S.H.B. 5149

By: Villalobos

Judiciary & Civil Jurisprudence

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Children in the managing conservatorship of the Department of Family and Protective Services, commonly referred to as foster children, are often subject to various forms of medical, psychological, and personal data collection. The bill author has informed the committee that while some of this data gathering is necessary for ensuring the child's health and safety, there is potential for misuse or overreach in the collection and use of sensitive biological information, such as DNA samples. The bill author has further informed the committee that current law does not explicitly restrict the collection or use of DNA from children in foster care, leaving open the possibility of such samples being used for purposes beyond their immediate care, including criminal investigations or paternity searches, without appropriate consent. C.S.H.B. 5149 seeks to address this issue, safeguard the privacy rights of children in state care, and prevent the misuse of genetic information by prohibiting the collection or use of a child's DNA sample without the written consent of an adult having actual care, control, and possession of the child as the child's primary caregiver or a court order.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 5149 amends the Family Code to prohibit the Department of Family and Protective Services (DFPS) from collecting or using a DNA sample from a child in the managing conservatorship of DFPS for any purpose without the written consent of an adult having actual care, control, and possession of the child as the child's primary caregiver or a court order.

EFFECTIVE DATE

September 1, 2025.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 5149 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

Whereas the introduced prohibited DFPS from using a DNA sample collected from a child in the managing conservatorship of DFPS to perform a search against a DNA database maintained by the Department of Public Safety for the purpose of determining paternity without the written consent of the child's biological mother, the substitute prohibits DFPS from collecting or using a DNA sample from a child in the managing conservatorship of DFPS for any purpose without the following:

·the written consent of an adult having actual care, control, and possession of the child as the child's primary caregiver; or

·a court order.

House Authors

Rep. Denise VillalobosRepublican · Primary Author

Joint Authors

Senate Sponsor

Sen. Bob HallRepublican · Primary Sponsor

Bill Text(with markup)

H.B. No. 5149

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to restricting the collection and use of DNA samples from
	children in the managing conservatorship of the Department of
	Family and Protective Services.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Subchapter B, Chapter 264, Family Code, is
	amended by adding Section 264.131 to read as follows:
	Sec. 264.131. USE OF FOSTER CHILD DNA FOR CERTAIN PURPOSES
	PROHIBITED. The department may not collect or use a DNA sample from
	a child in the managing conservatorship of the department for any
	purpose without:
	(1) the written consent of an adult having actual
	care, control, and possession of the child as the child's primary
	caregiver; or
	(2) a court order.
	SECTION 2. This Act takes effect September 1, 2025.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


April 12, 2025

TO:	Honorable Jeff Leach, Chair, House Committee on Judiciary & Civil Jurisprudence

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	HB5149 by Villalobos (Relating to restricting the use of DNA samples collected from children in the managing conservatorship of the Department of Family and Protective Services for certain purposes.), As Introduced

No fiscal implication to the State is anticipated.

The bill would prohibit the Department of Family and Protective Services (DFPS) from using DNA samples from children in the managing conservatorship of DFPS for determining paternity without the written consent of the child's biological mother.

It is assumed that there would be no cost to DFPS to implement the bill.

Local Government Impact

No fiscal implication to units of local government is anticipated.

Source Agencies:

530 Family and Protective Services, Department of

LBB Staff:

JMc, KDw, ER, AN

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Frequently Asked Questions

Common questions about HB5149

What does Texas HB5149 do?

Effective immediately, HB5149 prohibits the collection or use of DNA samples from children in DFPS managing conservatorship without a specific court order or written consent from the child's current primary caregiver. This legislation disrupts standard paternity and medical testing workflows for Child Placing Agencies (CPAs), Residential Treatment Centers (RTCs), and genetic testing vendors, creating immediate liability for unauthorized biometric data collection. Implementation Timeline Effective Date: June 20, 2025 (Immediate effect due to supermajority vote).

Who authored HB5149?

HB5149 was authored by Texas Representative Denise Villalobos during the Regular Session.

When was HB5149 signed into law?

HB5149 was signed into law by Governor Greg Abbott on June 20, 2025.

Which agencies enforce HB5149?

HB5149 is enforced by Department of Family and Protective Services (DFPS).

How urgent is compliance with HB5149?

The compliance urgency for HB5149 is rated as "moderate". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of HB5149?

The cost impact of HB5149 is estimated as "low". This may vary based on industry and implementation requirements.

What topics does HB5149 address?

HB5149 addresses topics including family, family--child protection, family--parent & child, protection of personal information and dna.

Legislative data provided by LegiScanLast updated: November 25, 2025

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