HB 256

Border DNA Testing Bill Waits On Federal Money

Did not pass

Verdict: Smells

SmellsNeeds review

Rep. Terri Leo WilsonRHouse 23

Why it's charged

The hole

THE TEXT

“Notwithstanding any other provision of this subchapter, the Department of Public Safety may not establish or operate the program under Section 421.122, unless the department receives funding from the United States Department of Homeland Security sufficient to cover the costs”…

Bill text, House committee report version (H)

The caption says DPS will perform DNA testing, but this clause overrides the duty unless the federal agency pays the full cost, as DPS itself decides. Combined with the 'on request' trigger, the testing may never happen, though this is an openly stated funding condition.

The hole

Needs review · Nov 1, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade

Caption

relating to the Department of Public Safety performing DNA testing of certain individuals crossing the Texas-Mexico border and restrictions on the use of the results of those tests.

Caption from analyzed text · version H.

Summary

DPS can’t run it unless federal money covers the costs. No request, no swabs.

The bill orders the Department of Public Safety to sign an agreement with the federal Department of Homeland Security, if that agency asks, to run DNA tests on people detained or arrested at the Texas-Mexico border whom federal agents suspect of falsely claiming to be a parent or child of someone else in custody. DPS must send the results to the federal agency quickly for immigration enforcement, then destroy the cheek-swab samples, and it may not keep a DNA database or use the CODIS system with these results. The program can start only if the federal government asks for it and pays the full cost, so nothing changes on the ground unless both of those things happen.

Labels

Labels: ACROSS THE AISLE. Joint authors: 3 Republicans, 2 Democrats. Party as the Legislative Reference Library lists it for the 89th Legislature.STALLED AFTER COMMITTEE. Voted out of the House State Affairs committee 9-4 on May 7, 2025. Never placed on a calendar. The bill died.

Receipt

The receipt

89R-HB256 · 2024-11-12

SOLD BY

Rep. Terri Leo WilsonRHouse 23

Rep. Ryan GuillenRHouse 31

Rep. John LujanRHouse 118

+ 2 more authors, 7 coauthors

ITEM

relating to the Department of Public Safety performing DNA testing of certain individuals crossing the Texas-Mexico border and restrictions on the use of the results of those tests.

WHAT IT DOES

DPS can’t run it unless federal money covers the costs. No request, no swabs.

CHARGES

[x] THE HOLEanalysis confidence 45%

THE TEXT

“Notwithstanding any other provision of this subchapter, the Department of Public Safety may not establish or operate the program under Section 421.122, unless the department receives funding from the United States Department of Homeland Security sufficient to cover the costs”…

Bill text, House committee report version (H)

TOTAL

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version H · source

Sources

Fiscal note · version H · May 8, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

HISTORY

Nov 12, 2024Filed
Feb 27, 2025Read first time
Feb 27, 2025Referred to State Affairs
Apr 28, 2025Scheduled for public hearing on . . .
Apr 28, 2025Considered in public hearing
Apr 28, 2025Testimony taken/registration(s) recorded in committee
Apr 28, 2025Left pending in committee
May 7, 2025Considered in formal meeting
May 7, 2025Committee substitute considered in committee
May 7, 2025Reported favorably as substituted
May 12, 2025Comte report filed with Committee Coordinator
May 12, 2025Committee report distributed
May 12, 2025Committee report sent to Calendars

FILED UNDER

SURVEILLANCE STATE

THE TEXT

“promptly providing the results of the DNA tests described by Subdivision (1) to the Department of Homeland Security for use in the enforcement of federal immigration laws”

Bill text, House committee report version (H)

The bill sets up state DNA collection from detained migrants and shares the results with a federal agency, though it requires samples to be destroyed and bars a database or CODIS use.

Smells

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

Terri Leo Wilson

Donors

Texans for Lawsuit Reform PAC$525K Texas Conservative Majority PAC$50K Dustin Burrows Campaign$45K

Not tied to this bill.

Sources

The author's campaign account only. Own money and internal transfers are separate on the member page.

Derived itemized flow · Oct 28, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Texans for Lawsuit Reform PAC$525,040.28

Texans for Lawsuit Reform PAC

$525,040.28

Cash: $65,000.00
Paid by others: $460,040.28
Total: $525,040.28

advertising $253,649.00mail $170,891.28polling $35,500.00

Also funds 124 other sitting lawmakers.

Derived recipient stock · Jul 10, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team

Sources

Derived itemized flow · Jun 27, 2025 to Aug 23, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100994567, 101011936, 101042004, 101042009, 101070547.

Texas Conservative Majority PAC$50,000.00

Texas Conservative Majority PAC

$50,000.00

Cash: $0.00
Paid by others: $50,000.00
Total: $50,000.00

canvassing $50,000.00

Also funds 42 other sitting lawmakers.

Derived recipient stock · Jan 23, 2026 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team

Sources

Derived itemized flow · on Feb 20, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101042009.

Dustin Burrows Campaign$45,000.00

Dustin Burrows Campaign

$45,000.00

Cash: $35,000.00
Paid by others: $10,000.00
Total: $45,000.00

polling $10,000.00

Also funds 39 other sitting lawmakers.

Derived recipient stock · Sep 13, 2025 to Sep 23, 2026. State data as of Nov 4, 2026.

Name match, not a verified identity: normalized filed name and state.

Team

Sources

Derived itemized flow · Dec 31, 2025 to Feb 24, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101011936, 101028233, 101042004.

Money

Missing data does not establish zero giving. Display amounts are rounded.

Texans for Lawsuit Reform PAC

$525,040.28

Cash: $65,000.00
Paid by others: $460,040.28
Total: $525,040.28

advertising $253,649.00mail $170,891.28polling $35,500.00

Also funds 124 other sitting lawmakers.

Derived recipient stock · Jul 10, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team

Sources

Derived itemized flow · Jun 27, 2025 to Aug 23, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100994567, 101011936, 101042004, 101042009, 101070547.

Texas Conservative Majority PAC

$50,000.00

Cash: $0.00
Paid by others: $50,000.00
Total: $50,000.00

canvassing $50,000.00

Also funds 42 other sitting lawmakers.

Derived recipient stock · Jan 23, 2026 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team

Sources

Derived itemized flow · on Feb 20, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101042009.

Dustin Burrows Campaign

$45,000.00

Cash: $35,000.00
Paid by others: $10,000.00
Total: $45,000.00

polling $10,000.00

Also funds 39 other sitting lawmakers.

Derived recipient stock · Sep 13, 2025 to Sep 23, 2026. State data as of Nov 4, 2026.

Name match, not a verified identity: normalized filed name and state.

Team

Sources

Derived itemized flow · Dec 31, 2025 to Feb 24, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101011936, 101028233, 101042004.

Votes

No floor vote loaded for this bill.

Witnesses29

For: 7
Against: 21
On: 1

Names

For

Dallas Police Association1 registration
Self1 registration
Self; Houston Police Officers’ Union1 registration
Self; Texas Eagle Forum1 registration
Sheriffs’ Association of Texas1 registration
Texas Municipal Police Association1 registration
Texas Public Policy Foundation1 registration

Against

ACLU of Texas1 registration
Common Cause Texas1 registration
Fellowship Southwest1 registration
Self11 registrations
Self; Texas Immigration Law Council1 registration
Self; Texas Immigration Law Council; American Immigration Lawyers Association- Texas Chapter1 registration
Self; Texas Unitarian Universalist Justice Ministry2 registrations
Self; Workers Defense Action Fund1 registration
Texas Civil Rights Project1 registration
Texas Jail Project1 registration

On

Texas DPS Crime Lab1 registration

Sources

29 parsed registrations across the loaded witness lists.

Derived stock of witness registrations. Repeated appearances count separately. Organizations and self-representation appear as printed.

House witness list. Source snapshot 2026-10-20, Central time.

Fiscal

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version H · source

Sources

Fiscal note · version H · May 8, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

How this was graded

Analysis of text version H by claude-opus-5-5, Oct 22, 2026, against the published rubric.

Sources

Texas House · Filed Nov 12, 2024

05/12/2025 H Committee report sent to Calendars

Texas Legislature Online · Introduced · House Committee Report

Data snapshot Nov 1, 2026 at 1:38 PM CST. Grades, charges, quotes and corrections follow the published record.

Coauthors

Cody HarrisRHouse 8

Caroline Harris DavilaRHouse 52

Mitch LittleRHouse 65

Will MetcalfRHouse 16

Joanne ShofnerRHouse 11

David SpillerRHouse 68

Valoree SwansonRHouse 150

House committee · State Affairs · Committee vote 9 aye, 4 nay, 1 absent · Out of committee

Subjects

Aliens

Minors--Health & Safety

BLOOD & MEDICAL TESTS

BORDER

DNA

PUBLIC SAFETY, DEPARTMENT OF

Text

The text as introduced · 364 words

89R2388 LRM-D

By: Leo Wilson
H.B. No. 256

A BILL TO BE ENTITLED

AN ACT

relating to the Department of Public Safety performing rapid DNA

testing of certain individuals crossing the Texas-Mexico border.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 421, Government Code, is amended by

adding Subchapter G to read as follows:

SUBCHAPTER G. RAPID DNA TESTING OF CERTAIN INDIVIDUALS CROSSING

TEXAS-MEXICO BORDER

Sec. 421.121. DEFINITIONS. In this subchapter:

(1) "DNA" means deoxyribonucleic acid.

(2) "Rapid DNA test" means a process for developing a

DNA profile of an individual:

(A) based on a biological sample consisting of a

buccal swab of the individual; and

(B) without the need for human intervention in

the process or the use of facilities dedicated to performing DNA

analyses and testing.

Sec. 421.122. RAPID DNA TESTING PROGRAM; AGREEMENT. The

Department of Public Safety shall enter into an agreement with the

United States Department of Homeland Security on request to

establish a program for:

(1) performing rapid DNA tests of individuals who:

(A) enter into this state by crossing the

Texas-Mexico border;

(B) are detained or arrested by the Department of

Homeland Security; and

(C) the Department of Homeland Security has

reason to believe are misrepresenting the existence of a family

relationship between the individual and another individual

detained or arrested by the Department of Homeland Security; and

(2) promptly providing the results of the rapid DNA

tests to the Department of Homeland Security for use in the

enforcement of federal immigration laws.

Sec. 421.123. BIOLOGICAL SAMPLES TO BE DESTROYED. The

Department of Public Safety shall destroy the biological sample

used to perform a rapid DNA test under the agreement described by

Section 421.122 after performing the test and providing the

results.

Sec. 421.124. DATABASE OF PROFILES PROHIBITED. The

Department of Public Safety may not maintain a database of DNA

profiles developed through rapid DNA tests performed under an

agreement described by Section 421.122.

Sec. 421.125. REQUIRED PROVISIONS. The agreement described

by Section 421.122 must contain provisions that are substantially

similar to the duty under Section 421.123 and the prohibition under

Section 421.124.

SECTION 2. This Act takes effect September 1, 2025.