(a) A person may request to determine whether the department has entered information relating to that person in the DNA Supported Suspected Offender File as follows:
  (1) The person must be fingerprinted by a criminal justice agency or other entity on a department approved fingerprint card, or by the department approved electronic fingerprint submission vendor. The criminal justice agency, other entity or the department approved vendor for the electronic submission of fingerprints must establish the person's identity by requiring the person to produce a government issued photo identification document.
  (2) The criminal justice agency or other entity must include the following identifying information of the person on the fingerprint card:
    (A) the person's complete name (LAST, FIRST, MIDDLE), including any other names used by the person;
    (B) the person's sex, race, and date of birth (MONTH, DAY, YEAR); and
    (C) a complete, legible set of ten rolled fingerprints and simultaneous impressions taken from the person.
  (3) The person must mail the completed fingerprint card and a signed, written request that the department search the DNA Supported Suspected Offender File for information relating to the person to Crime Records Service, Attn: DNA Supported Suspected Offender File, Texas Department of Public Safety, P.O. Box 4143, Austin, Texas 78765-4143. The written request must include the printed name, phone number, and return mailing address of the person designated to receive the result of the search.
  (4) Fingerprint cards with illegible prints or incomplete information will be returned to the address provided in the written request for proper re-submission.
(b) Upon receipt of a request described by this section, the department will conduct a fingerprint based search of the DNA Supported Suspected Offender File. If an entry relating to the person is located, a printout of the information and the requesting letter will be returned to the designee. If information relating to the person is not located, a certified letter will be returned to the designee stating, "No entry on file." and the requesting letter will be returned to the person. The department will respond within ten (10) business days of the receipt of the request.

Source Note: The provisions of this §27.163 adopted to be effective August 29, 2010, 35 TexReg 7449