Established in House Bill 1422 by the 89th Legislature in 2025, the Limited Consent for DNA Testing Program for Sexual Assault Evidence allows survivors of sexual assault to obtain a forensic medical exam and have evidence collected and tested for foreign DNA material even if a report of the offense has not been made to law enforcement. This option provides the results of the limited forensic DNA testing to the survivor through the statewide electronic tracking system, Track-Kit, and applies only to evidence collected on or after December 1, 2025.
Kit Analysis & Results
DPS will complete DNA analysis of the kit within 90 days of its receipt by the laboratory and update Track-Kit with the following information:
- Lab Complete Date
- Foreign DNA Obtained = Yes or No
Survivors may also choose to receive automated email and/or text notifications from Track-Kit.
Kit Retention
Post-analysis, limited consent for DNA testing evidence is stored for a maximum of 5 years. Following the fifth-year anniversary of the date of collection, notification to the survivor is provided via Track-Kit and a response period of 3 months is granted before the evidence is destroyed.
Prior to the five-year deadline, a survivor may choose to report the offense to the applicable law enforcement agency (based on where the offense occurred) and give consent to release the evidence and lab results (LAB-209) 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.
Survivor Instructions for Release of Evidence & Lab Results
If requesting the release of the evidence and lab results to law enforcement in order to pursue an investigation, the survivor should:
1. Contact the applicable law enforcement agency, based on where the offense occurred;
2. Inform the agency that they are a survivor of a sexual assault, that evidence was previously collected, and was analyzed by the DPS; and
3. Sign the Consent for Release of Limited Consent for DNA Testing of Sexual Assault Evidence form (LAB-209) to give DPS permission to release the lab report/kit to law enforcement. The law enforcement case number is required so that any eligible DNA profiles can be entered into CODIS.
Completed forms must be signed and submitted to the DPS via email or mail:
Texas DPS Limited Consent Program
12230 West Rd., Building C
Houston, TX 77065
Email: SAEReporting@dps.texas.gov
For additional information, please see the Limited Consent for DNA Testing Program Chapter 27 - Laboratory Customer Handbook (excerpt from Crime Laboratory Division Manual) PDF