SB1723

Regular Session

Relating to rapid DNA analysis by certain law enforcement agencies, the establishment of a related pilot program, and the content of certain DNA databases.

ModeratePlan for compliance

Medium Cost

Effective:2025-09-01

Enforcing Agencies

Texas Department of Public Safety (DPS) • Federal Bureau of Investigation (FBI) (via standard setting)

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: September 1, 2025 (DPS begins IT system updates).
Compliance Deadline: September 1, 2026 (Pilot Program operational launch). Vendors must have validation studies complete and hardware ready for procurement cycles prior to this date.
Agency Rulemaking: DPS is required to adopt rules regarding sample collection, preservation, and shipment. Critical Window: Between Q4 2025 and Q2 2026, DPS will define the technical criteria for "Authorized Law Enforcement Agencies." Monitor the *Texas Register* closely during this period.

Immediate Action Plan

1. Audit Technology: Immediately test all "Rapid DNA" inventory against the FBI’s *Quality Assurance Standards for Forensic DNA Testing Laboratories*.
2. Update Indemnification: Revise sales contracts to address liability for data privacy breaches and loss of state authorization.
3. Monitor Rulemaking: Assign a compliance officer to track DPS filings in the *Texas Register* starting September 2025 to comment on collection and preservation rules.
4. Prepare Validation Data: Compile proof-of-validation packages now; agencies will require these during the procurement phase for the 2026 pilot.

Operational Changes Required

Contracts

Master Services Agreements (MSAs): Vendors selling Rapid DNA hardware must amend MSAs to indemnify agencies against "loss of authorization" caused by equipment failure or software non-compliance.
Service Level Agreements (SLAs): Contracts for the Pilot Program must explicitly guarantee a 2-hour processing turnaround. Failure to meet this statutory metric constitutes a material breach.
Outsourcing Amendments: If a private entity is contracted for sample collection, the agreement must legally bind the contractor to DPS preservation and shipment rules (Section 5).

Hiring/Training

Validation Specialists: Technology vendors must deploy staff capable of conducting and documenting validation studies that satisfy FBI Quality Assurance Standards (QAS) to prove equipment proficiency to DPS.
Collection Staff: Phlebotomists and intake staff (including contractors) must be retrained on the specific, yet-to-be-published DPS protocols for Rapid DNA sample preservation.

Reporting & Record-Keeping

Digitized Chain of Custody: Paper logs are insufficient for Rapid DNA integration. Systems must automatically generate digital chain-of-custody records compatible with CODIS interfaces.
Validation Documentation: Vendors must maintain and provide accessible records of FBI proficiency testing for all deployed units.
Collection Logs: Entities collecting samples must maintain specific records of collection and preservation until the sample is forwarded, subject to DPS audit.

Fees & Costs

Capital Expenditures: While the state has allocated ~$2M for initial device and software acquisition in 2026, vendors should anticipate absorbing the costs of required validation studies and FBI compliance testing.
Insurance: Review Professional Liability and Errors & Omissions (E&O) policies. Ensure coverage extends to regulatory audits and liability for data privacy breaches (e.g., inadvertent upload of PII to CODIS).

Strategic Ambiguities & Considerations

The following areas are legally vague and will be defined by DPS rulemaking. Businesses must watch these areas to avoid investing in non-compliant workflows:

1. "Authorized" Status Criteria: The statute says the Director "may" authorize an agency but does not list the technical checklist. The barrier to entry for your clients (LEAs) is currently undefined.
2. IT Integration Standards: The law mandates IT updates but does not specify the API or data standard for connecting local Rapid DNA machines to the state CODIS system.
3. Humanitarian Scope: The bill expands database use to humanitarian identification. It is unclear if private labs assisting in these cases are subject to the same strict criminal justice standards or a separate regulatory tier.

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Legislative Timeline

This bill's path through the Texas Legislature

TopicsCriminal Procedure Criminal Procedure--general Law Enforcement Dna Public Safety, Department of Forensic Testing

Official Analysis

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BILL ANALYSIS

Senate Research Center	S.B. 1723
89R8237 JDK-F	By: Creighton
	Criminal Justice
	4/25/2025
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

In the 86th Legislature, H.B. 1399 was signed into law requiring collection of DNA samples by law enforcement at the time of booking for certain felony arrests. In the 88th Legislature, H.B. 3956 was signed into law requiring DNA samples to be collected at booking for all arrestees charged with a felony class offense. As a result of this historic legislation, in fiscal year 2024, the Texas Department of Public Safety (DPS) Crime Lab Division solved approximately 1,005 cases utilizing DNA collection at the time of booking.

New technology has emerged that severely decreases the time required to process the DNA samples that are collected at booking. Instead of taking up to between 24 to 72 hours and falling into a testing backlog, rapid DNA analysis allows for samples collected to be processed, analyzed, and provide results in 90 to 120 minutes. This breakthrough technology, when implemented, will streamline the DNA collection and analyzation process to solve cold cases, reduce DNA testing backlogs, and prevent violent, repeat offenders from committing crimes.

S.B. 1723 establishes a rapid DNA analysis pilot program under the guidance of DPS no later than September 1, 2026. DPS will select two counties to participate in the pilot program.

S.B. 1723 permits DPS and participating law enforcement agencies to consult with the Federal Bureau of Investigation regarding rapid DNA analysis implementation and best practices.

DPS is directed to review the pilot program and submit a report to the legislature on the pilot program and any recommendations they may have regarding the continuation or expansion of the program no later than January 1, 2028.

Additionally, DPS is permitted to accept gifts, grants, and donations pertaining to funding the pilot program.

As proposed, S.B. 1723 amends current law relating to the establishment of a rapid DNA analysis pilot program in certain counties.

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Department of Public Safety in SECTION 1 (Section 411.1465, Government Code) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Subchapter G, Chapter 411, Government Code, by adding Section 411.1465, as follows:

Sec. 411.1465. RAPID DNA ANALYSIS PILOT PROGRAM. (a) Defines "rapid DNA analysis."

(b) Requires the Texas Department of Public Safety (DPS) to establish a pilot program to optimize the process of reporting DNA records and decrease the number of arrests for which a DNA sample is not collected and analyzed by assisting law enforcement agencies in implementing rapid DNA analysis of DNA samples collected under Section 411.1471(b) (relating to requiring a law enforcement agency booking a defendant to require the defendant to provide one or more specimens for the purpose of creating a DNA record).

(c) Requires DPS, not later than September 1, 2025, to begin updating information technology systems as necessary to support the pilot program.

(d) Requires DPS, not later than September 1, 2026, to begin implementing the pilot program in two counties as determined by DPS. Authorizes DPS to expand the pilot program to additional counties.

(e) Authorizes DPS and each law enforcement agency participating in the pilot program to consult with the Federal Bureau of Investigation regarding rapid DNA analysis implementation and best practices.

(f) Requires DPS, not later than January 1, 2028, to review the pilot program established under this section and submit a written report to the legislature on the pilot program and any recommendations regarding the continuation or expansion of the program.

(g) Authorizes DPS to solicit and accept gifts, grants, and donations from any public or private source to fund the pilot program.

(h) Authorizes DPS to adopt rules as necessary to implement this section.

(i) Provides that this section expires September 1, 2028.

SECTION 2. Effective date: upon passage or September 1, 2025.

Senate Authors

Sen. Charles CreightonRepublican · Primary Author

Coauthors (1)

Tan Parker (R)

House Sponsors

Rep. Mihaela PlesaDemocrat · Primary Sponsor

Joint Sponsors

Cosponsors (1)

Jolanda Jones (D)

Bill Text(with markup)

S.B. No. 1723

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to rapid DNA analysis by certain law enforcement agencies,
	the establishment of a related pilot program, and the content of
	certain DNA databases.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 411.141, Government Code, is amended by
	amending Subdivisions (1) and (7) and adding Subdivisions (1-a),
	(11-a), and (13) to read as follows:
	(1) "Authorized law enforcement agency" means a law
	enforcement agency that is authorized by the director to perform
	rapid DNA analyses under Section 411.146(c-1).
	(1-a) "CODIS" means the FBI's Combined DNA Index
	System. The term includes the national DNA index system sponsored
	by the FBI.
	(7) "DNA record" means the results of a forensic DNA
	analysis performed by a DNA laboratory or the results of a rapid DNA
	analysis performed by an authorized law enforcement agency under
	this subchapter. The term includes a DNA profile and related
	records, which may include a code or other identifying number
	referenced to a separate database to locate:
	(A) the originating entity; and
	(B) if known, the name and other personally
	identifying information concerning the individual who is the
	subject of the analysis.
	(11-a) "Law enforcement agency" means an agency of the
	state or an agency of a political subdivision of the state that is
	authorized by law to employ peace officers.
	(13) "Rapid DNA analysis" means the fully automated
	processing of a known reference or forensic sample to provide a DNA
	record that is eligible for comparison in the CODIS database in not
	more than 24 hours.
	SECTION 2. Section 411.142(h), Government Code, is amended
	to read as follows:
	(h) The director shall establish standards for DNA analysis
	by a [~~the~~] DNA laboratory and standards for rapid DNA analysis by an
	authorized law enforcement agency that meet or exceed the current
	standards for quality assurance and proficiency testing for
	forensic DNA analysis issued by the FBI. The DNA database may
	contain only DNA records of DNA analyses performed according to the
	standards adopted by the director.
	SECTION 3. Sections 411.143(c), (e), and (f), Government
	Code, are amended to read as follows:
	(c) Other purposes of the database include:
	(1) assisting in the recovery or identification of
	human remains from a disaster or for humanitarian purposes;
	(2) assisting in the identification of living or
	deceased missing persons;
	(3) if personal identifying information is removed:
	(A) establishing a population statistics
	database; and
	(B) assisting in identification research,
	forensic validation studies, or forensic protocol development; and
	(4) retesting to validate or update the original
	analysis or assisting in quality control with respect to the
	database or with respect to the laboratories or agencies performing
	forensic DNA analyses [~~or DNA laboratory quality control~~].
	(e) The director may not store a name or other personal
	identifying information in the CODIS database unless approved by
	the FBI. A file or reference number to another information system
	may be included in the CODIS database only if the director
	determines the information is necessary to:
	(1) generate an investigative lead or exclusion;
	(2) support the statistical interpretation of a test
	result; or
	(3) allow for the successful implementation of the DNA
	database.
	(f) Except as provided by this subchapter, the DNA database
	may only [~~not~~] include criminal history record information approved
	by the FBI.
	SECTION 4. Section 411.144, Government Code, is amended to
	read as follows:
	Sec. 411.144. REGULATION OF DNA LABORATORIES; PENALTIES.
	(a) The director by rule shall establish procedures for a DNA
	laboratory or criminal justice agency, including an authorized law
	enforcement agency, in the collection, preservation, shipment,
	analysis, and use of a DNA sample for forensic DNA analysis,
	including rapid DNA analysis, in a manner that permits the exchange
	of DNA evidence between DNA laboratories and criminal justice
	agencies and the use of the evidence in a criminal case.
	(b) A DNA laboratory or criminal justice agency, including
	an authorized law enforcement agency, shall follow the procedures:
	(1) established by the director under this section;
	and
	(2) specified by the FBI, including use of comparable
	test procedures, laboratory equipment, supplies, and computer
	software.
	(c) The director may at any reasonable time enter and
	inspect the premises or audit the records, reports, procedures, or
	other quality assurance matters of:
	(1) any DNA laboratory that:
	(A) [~~(1)~~] provides DNA records to the director
	under this subchapter; or
	(B) [~~(2)~~] conducts forensic analysis; and
	(2) any authorized law enforcement agency.
	(d) A DNA laboratory conducting a forensic DNA analysis
	under this subchapter or an authorized law enforcement agency
	performing a rapid DNA analysis under this subchapter shall:
	(1) forward the DNA record of the analysis to the
	director at the department's crime laboratory or another location
	as required by the director; and
	(2) comply with this subchapter and rules adopted
	under this subchapter.
	(e) The director is the Texas liaison for DNA data, records,
	evidence, and other related matters between:
	(1) the FBI; and
	(2) a DNA laboratory or a criminal justice agency,
	including an authorized law enforcement agency.
	(f) The director may:
	(1) conduct DNA analyses; [or]
	(2) contract with a laboratory, state agency, private
	entity, or institution of higher education for services to perform
	DNA analyses for the director; or
	(3) authorize a law enforcement agency to perform
	rapid DNA analyses under Section 411.146(c-1).
	SECTION 5. Section 411.146, Government Code, is amended by
	amending Subsections (c) and (e) and adding Subsection (c-1) to
	read as follows:
	(c)(1) The director shall adopt rules regarding the
	collection, preservation, shipment, and analysis of a DNA database
	sample under this subchapter, including the type of sample or
	specimen taken.
	(2) A criminal justice agency permitted or required to
	collect a DNA sample for forensic DNA analysis, including rapid DNA
	analysis, under this subchapter:
	(A) may collect the sample or contract with a
	phlebotomist, laboratory, state agency, private entity, or
	institution of higher education for services to collect the sample
	at the time determined by the agency; and
	(B) shall:
	(i) preserve each sample collected until it
	is forwarded to the director under Subsection (d); and
	(ii) maintain a record of the collection of
	the sample.
	(c-1) Subject to the other requirements prescribed by this
	subchapter and rules adopted under this subchapter, a law
	enforcement agency may perform a rapid DNA analysis under this
	subchapter if:
	(1) the agency requests the director's approval to use
	a system capable of performing a rapid DNA analysis; and
	(2) the director authorizes the agency to use the
	system described by Subdivision (1) to perform rapid DNA analyses.
	(e) A DNA laboratory or an authorized law enforcement agency
	may analyze a DNA sample collected under this section only:
	(1) to type the genetic markers contained in the
	sample;
	(2) for criminal justice or law enforcement purposes;
	or
	(3) for other purposes described by this subchapter.
	SECTION 6. Subchapter G, Chapter 411, Government Code, is
	amended by adding Section 411.1465 to read as follows:
	Sec. 411.1465. RAPID DNA ANALYSIS PILOT PROGRAM. (a) In
	this section, "rapid DNA analysis" means the fully automated
	processing of a reference buccal swab sample to provide a DNA record
	that is eligible for comparison in the CODIS database in not more
	than 2 hours without submitting the sample to a crime laboratory.
	(b) The department shall establish a pilot program to
	optimize the process of reporting DNA records and decrease the
	number of arrests for which a DNA sample is not collected and
	analyzed by assisting law enforcement agencies in implementing
	rapid DNA analysis of DNA samples collected under Section
	411.1471(b).
	(c) Not later than September 1, 2025, the department shall
	begin updating information technology systems as necessary to
	support the pilot program.
	(d) Not later than September 1, 2026, the department shall
	begin implementing the pilot program in two counties as determined
	by the department. The department may expand the pilot program to
	additional counties.
	(e) The department and each law enforcement agency
	participating in the pilot program may consult with the Federal
	Bureau of Investigation regarding rapid DNA analysis
	implementation and best practices.
	(f) Not later than January 1, 2028, the department shall
	review the pilot program established under this section and submit
	a written report to the legislature on the pilot program and any
	recommendations regarding the continuation or expansion of the
	program.
	(g) The department may solicit and accept gifts, grants, and
	donations from any public or private source to fund the pilot
	program.
	(h) The department may adopt rules as necessary to implement
	this section.
	(i) This section expires September 1, 2028.
	SECTION 7. Sections 411.147(b) and (e), Government Code,
	are amended to read as follows:
	(b) The director may adopt rules relating to the internal
	disclosure, access, or use of a sample or DNA record in a DNA
	laboratory or authorized law enforcement agency.
	(e) A criminal justice agency may have access to a DNA
	sample for a law enforcement purpose through:
	(1) the agency's laboratory; [or]
	(2) a laboratory used by the agency; or
	(3) an authorized law enforcement agency.
	SECTION 8. Section 411.1471(d), Government Code, is amended
	to read as follows:
	(d) The director by rule shall require law enforcement
	agencies taking a specimen under this section to preserve the
	specimen and maintain a record of the collection of the
	specimen. A law enforcement agency taking a specimen under this
	section may use any method to take the specimen approved by the
	director in the rule adopted under this subsection. The rule
	adopted by the director must prohibit a law enforcement agency from
	taking a blood sample for the purpose of creating a DNA record under
	this section. The agency may:
	(1) [~~either~~] send the specimen to the director;
	(2) [or] send to the director an analysis of the
	sample performed at a laboratory chosen by the agency and approved
	by the director; or
	(3) send to the director a rapid DNA analysis of the
	sample if the director has authorized the agency to perform the
	analysis.
	SECTION 9. Section 411.1473(c), Government Code, is amended
	to read as follows:
	(c) A law enforcement agency taking a specimen under this
	section may:
	(1) [~~either~~] send the specimen to the director;
	(2) [or] send to the director an analysis of the
	specimen performed by a laboratory chosen by the agency and
	approved by the director; or
	(3) send to the director a rapid DNA analysis of the
	specimen if the director has authorized the agency to perform the
	analysis.
	SECTION 10. This Act takes effect immediately if it
	receives a vote of two-thirds of all the members elected to each
	house, as provided by Section 39, Article III, Texas Constitution.
	If this Act does not receive the vote necessary for immediate
	effect, this Act takes effect September 1, 2025.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


April 28, 2025

TO:	Honorable Pete Flores, Chair, Senate Committee on Criminal Justice

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	SB1723 by Creighton (Relating to the establishment of a rapid DNA analysis pilot program in certain counties.), As Introduced

Estimated Two-year Net Impact to General Revenue Related Funds for SB1723, As Introduced: a negative impact of ($6,489,194) through the biennium ending August 31, 2027.

The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill.

General Revenue-Related Funds, Five- Year Impact:

Fiscal Year	Probable Net Positive/(Negative) Impact to General Revenue Related Funds
2026	($3,549,647)
2027	($2,939,547)
2028	($3,167,549)
2029	$0
2030	$0

All Funds, Five-Year Impact:

Fiscal Year	Probable Savings/(Cost) from General Revenue Fund 1	Change in Number of State Employees from FY 2025
2026	($3,549,647)	6.0
2027	($2,939,547)	6.0
2028	($3,167,549)	6.0
2029	$0	0.0
2030	$0	0.0

Fiscal Analysis

The bill would require the Department of Public Safety (DPS) to establish a pilot program to implement rapid analysis of DNA samples in at least two counties. Under the provisions of the bill, DPS would begin updating information technology systems to support the pilot program by September 1, 2025 and begin implementing the pilot program by September 1, 2026.

The bill would also require DPS to submit a written report to the legislature no later than January 1, 2028, on the progress of the pilot program and recommend continuation or expansion.

The provisions of the bill would expire September 1, 2028.

Methodology

According to DPS, the duties and responsibilities associated with implementing the provisions of the bill could not be absorbed within existing resources. DPS states that 6.0 full-time equivalent positions (FTEs) would be needed to staff the unit including 1.0 Forensic Scientist III, 1.0 Forensic Scientist IV, 1.0 Research Specialist IV, 1.0 Network Specialist IV, 1.0 Program Specialist, and 1.0 Project Management Specialist II. This analysis includes $645,249 in fiscal year 2026 and $645,249 in fiscal year 2027 for salary and benefits.

According to DPS, there would be $2,054,679 in capital expenditures in fiscal year 2026 only for Rapid DNA testing devices, change orders to CODIS and Livescan device software, and other capital equipment.

Other costs including consumables supplies for DNA testing, travel, fuel, rent, other operating expenses, and would total $849,719 in fiscal year 2026 and $2,294,298 in fiscal year 2027 and $2,521,800 in fiscal year 2028.

Technology

According to DPS, two change orders to information technology systems would be needed to comply with the provisions of the bill including CODIS ($200,000) and Livescan device software ($500,000) in fiscal year 2026 only.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies:

405 Department of Public Safety

LBB Staff:

JMc, MGol, CSh, KVEL

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Frequently Asked Questions

Common questions about SB1723

What does Texas SB1723 do?

SB1723 decentralizes forensic processing by authorizing specific law enforcement agencies to conduct Rapid DNA analysis locally, moving intake away from centralized state labs. This legislation creates a new procurement market for forensic technology vendors and private laboratories but mandates strict adherence to FBI Quality Assurance Standards; failure to comply results in immediate revocation of authorization and contract termination. Implementation Timeline Effective Date: September 1, 2025 (DPS begins IT system updates).

Who authored SB1723?

SB1723 was authored by Texas Senator Charles Creighton during the Regular Session.

When was SB1723 signed into law?

SB1723 was signed into law by Governor Greg Abbott on June 20, 2025.

Which agencies enforce SB1723?

SB1723 is enforced by Texas Department of Public Safety (DPS) and Federal Bureau of Investigation (FBI) (via standard setting).

How urgent is compliance with SB1723?

The compliance urgency for SB1723 is rated as "moderate". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of SB1723?

The cost impact of SB1723 is estimated as "medium". This may vary based on industry and implementation requirements.

What topics does SB1723 address?

SB1723 addresses topics including criminal procedure, criminal procedure--general, law enforcement, dna and public safety, department of.

Legislative data provided by LegiScanLast updated: November 25, 2025

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