H.B. No. 130 proposes the establishment of a DNA testing program by the Texas Department of Public Safety (DPS) for individuals crossing the Texas-Mexico border. The bill mandates that the DPS enter into an agreement with the United States Department of Homeland Security to conduct DNA tests, including rapid DNA tests, on individuals who are detained or arrested and suspected of engaging in offenses related to human trafficking. The results of these tests must be promptly provided to the Department of Homeland Security for enforcement of federal immigration laws. Additionally, the bill stipulates that biological samples used for testing must be destroyed after the results are obtained.

The legislation also includes specific prohibitions regarding the use of DNA test results. The DPS is not allowed to maintain a DNA database, enter results into the Combined DNA Index System (CODIS), or search CODIS using these results. Furthermore, the agreement with Homeland Security must include provisions ensuring the destruction of biological samples and the prohibitions on database maintenance and CODIS usage. The implementation of this program is contingent upon the DPS receiving adequate funding from the Department of Homeland Security.

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