Texas Government Code - GOV'T § 420.0736. Limited Consent for DNA Testing of Certain Evidence

(a) To encourage the reporting of sexual assaults or other sex offenses that would otherwise remain unreported and notwithstanding Sections 420.0431 and 420.0432, a survivor or other person authorized to consent to the release of evidence contained in an evidence collection kit under Section 420.0735 may choose to limit the scope of the consent under that section to only permit, without regard to whether a report of the offense is made to a law enforcement agency, the performance of forensic DNA testing by the department on biological evidence contained in the evidence collection kit.

(b) The department by rule shall adopt a form to enable a survivor or other authorized person to provide the limited consent described by this section.  The form must include the following statement:  "IT IS NOT NECESSARY TO REPORT AN OFFENSE TO A LAW ENFORCEMENT AGENCY IN ORDER TO OBTAIN FORENSIC DNA TESTING OF BIOLOGICAL EVIDENCE COLLECTED DURING YOUR FORENSIC MEDICAL EXAMINATION. HOWEVER, IF YOU AUTHORIZE FORENSIC DNA TESTING OF THE BIOLOGICAL EVIDENCE COLLECTED DURING YOUR EXAMINATION WITHOUT REPORTING THE OFFENSE TO LAW ENFORCEMENT, ANY RESULTS OF THE FORENSIC DNA TESTING WILL NOT BE COMPARED TO DNA PROFILES MAINTAINED IN DNA DATABASES AND WILL NOT BE SUBJECT TO USE IN A CRIMINAL INVESTIGATION OR TRIAL."

(c) The department shall provide to the survivor or other authorized person who provides limited consent to forensic DNA testing, as described by Subsection (a), the results of the forensic DNA testing through the statewide electronic tracking system established under Section 420.034.  The department may not notify any other entity of the results of the forensic DNA testing and may not use those results for any other reason or purpose, unless the department first obtains additional written consent from the person for that reason or purpose under Section 420.0735.

(d) The department shall provide to the survivor or other authorized person who provides limited consent to forensic DNA testing, as described by Subsection (a), information regarding how to report an offense to a law enforcement agency in order to have the results of the forensic DNA testing compared to DNA profiles maintained in DNA databases and used in a criminal investigation or trial.