House Bill No. 2180 introduces a new provision to the Code of Criminal Procedure by adding Article 38.51, which allows defendants who plead guilty or nolo contendere to voluntarily waive their rights to the preservation of evidence and the return of any seized weapons. The waiver must be made in writing, in open court, and signed by both the defendant and their attorney. It also requires that the defendant receives a clear admonishment regarding the potential consequences of waiving these rights, including the risk of losing evidence that could aid in an appeal or post-conviction relief.

The bill stipulates that a waiver is only valid if executed after the 120th day following the plea and outlines the conditions under which evidence may be disposed of or returned. It emphasizes that the waiver cannot be part of a plea bargain and that the state attorney cannot request it as part of plea negotiations. Additionally, it allows crime laboratories to preserve evidence necessary for compliance with accreditation standards, regardless of the waiver. The act is set to take effect on September 1, 2025.