(a) Preservation. The agency collecting the DNA sample shall use a preservation method and procedure approved by the director and described in the DNA Procedural Guidelines.
(b) Forwarding. The collecting agency shall forward the sample together with the original DNA Database Card to the director or an approved lab no later than the end of the third business day after the collection.
(c) After forwarding. If the collecting agency forwards the sample kit and its associated database card to an approved lab, the agency:
  (1) may request the lab to return a copy of the profile to the agency; and
  (2) must instruct the lab that the lab shall, as soon as is reasonably practicable after creating the profile, forward to the director:
    (A) the profile;
    (B) all remaining sample material, including the unprocessed buccal swab and any remaining extracted DNA, and
    (C) all other original kit components, including the original database card.
(d) Acceptance or rejection. The director:
  (1) may accept a usable sample that substantially complies with this subchapter;
  (2) may reject an unusable sample that does not comply with this subchapter;
  (3) shall notify the submitting agency of any rejection; and
  (4) may destroy the rejected sample, if it is unusable.
(e) Testing fee--DPS lab. The director shall absorb the cost of testing necessary to create a profile for a DNA sample submitted directly to the DPS Crime Laboratory Service by the collecting agency.
(f) Testing fee--approved lab. The collecting agency shall initially pay the cost of testing necessary to create a profile for a DNA sample submitted to an outside lab approved under this subchapter. The agency may then seek reimbursement from the criminal justice division of the governor's office under Code of Criminal Procedure, Article 102.056(e).
(g) Profile entry. The director shall enter the record's profile into the database.

Source Note: The provisions of this §28.126 adopted to be effective June 1, 2010, 35 TexReg 4437