Monitoring the Session

HB 5149

Villalobos Bill Bars Taking Foster Kids’ DNA Without Consent

Became law, effective Sep 1, 2025

Verdict: No flags

No flagsInitial review
Rep. Denise VillalobosRHouse 34

Initial review · graded Oct 22, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade

Caption

relating to restricting the collection and use of DNA samples from children in the managing conservatorship of the Department of Family and Protective Services.

Caption from analyzed text · version E.

Summary

The department needs written consent from the caregiver or a court order first.

The bill bars the Department of Family and Protective Services from collecting or using a DNA sample from a foster child in its managing conservatorship for any purpose. The department can do so only with written consent from the adult who is the child's primary caregiver, or with a court order. Starting September 1, 2025, DFPS staff need one of those two approvals before taking or using a foster child's DNA.

Labels

Labels: QUICK READ: 145 WORDS. The bill as filed runs 145 words, counting the existing law it amends and the text it strikes. The median 89R bill as filed runs 441 words (derived, 8,702 graded bills, snapshot Oct 19, 2026).

Receipt

The receipt

89R-HB5149 · 2025-03-14

SOLD BY

Rep. Denise VillalobosRHouse 34 Rep. Giovanni CapriglioneRHouse 98 Rep. Terri Leo WilsonRHouse 23

ITEM

relating to restricting the collection and use of DNA samples from children in the managing conservatorship of the Department of Family and Protective Services.

WHAT IT DOES

The department needs written consent from the caregiver or a court order first.

The bill bars the Department of Family and Protective Services from collecting or using a DNA sample from a foster child in its managing conservatorship for any purpose. The department can do so only with written consent from the adult who is the child's primary caregiver, or with a court order. Starting September 1, 2025, DFPS staff need one of those two approvals before taking or using a foster child's DNA.

CHARGES

[ ] NONE FOUND

TOTAL

No fiscal implication to the State is anticipated.

LBB estimate · fiscal note version E · source

Sources

Fiscal note · version E · May 19, 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

  1. Filed
  2. Read first time
  3. Referred to s/c on Family & Fiduciary Relationships by Speaker
  4. Scheduled for public hearing in s/c on . . .
  5. Considered by s/c in public hearing
  6. Committee substitute considered in s/c
  7. Testimony taken/registration(s) recorded in subcommittee
  8. Left pending in subcommittee
  9. Recalled from subcommittee
  10. Considered in formal meeting
  11. Committee substitute considered in committee
  12. Reported favorably as substituted
  13. Comte report filed with Committee Coordinator
  14. Committee report distributed
  15. Committee report sent to Calendars
  16. Considered in Calendars
  17. Placed on General State Calendar
  18. Read 2nd time
  19. Passed to engrossment
  20. Record vote RV#1912
  21. Statement(s) of vote recorded in Journal
  22. Read 3rd time
  23. Passed
  24. Record vote RV#1998
  25. Reported engrossed
  26. Received from the House
  27. Read first time
  28. Referred to Health & Human Services
  29. Scheduled for public hearing on . . .
  30. Considered in public hearing
  31. Left pending in committee
  32. Considered in public hearing
  33. Vote taken in committee
  34. Reported favorably w/o amendments
  35. Recommended for local & uncontested calendar
  36. Committee report printed and distributed
  37. Placed on intent calendar
  38. Rules suspended-Regular order of business
  39. Read 2nd time & passed to 3rd reading
  40. Vote recorded in Journal
  41. Three day rule suspended
  42. Record vote
  43. Read 3rd time
  44. Passed
  45. Record vote
  46. Senate passage reported
  47. Reported enrolled
  48. Signed in the House
  49. Signed in the Senate
  50. Sent to the Governor
  51. Signed by the Governor
  52. Effective on 9/1/25
FILED UNDER

SURVEILLANCE STATE

THE TEXT

“The department may not collect or use a DNA sample from a child in the managing conservatorship of the department for any purpose without”

Bill text, engrossed version (E)

The bill limits a state agency's collection and use of foster children's genetic data unless a caregiver consents in writing or a court orders it.

SIGNED FOR BY

House · 131 yea · 0 nay

Senate · 31 yea · 0 nay

Sources

House: Final passage · May 10, 2025. Journal. Published stock for this vote. Snapshot 2026-10-19, Central time.

Senate: Final passage · May 25, 2025. Journal. Published stock for this vote. Snapshot 2026-10-19, Central time.

All floor motions and other positions below.

No flags

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

CAMPAIGN PAID FOR BY

Denise Villalobos

Donors

Texans for Lawsuit Reform PAC$555KTexas Conservative Majority PAC$456KAssociated Republicans of Texas Campaign Fund$327K

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 29, 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$554,928.87

Texans for Lawsuit Reform PAC

$554,928.87

Cash
$35,000.00
Paid by others
$519,928.87
Total
$554,928.87
advertising $422,488.50mail $75,707.02polling $21,210.35fundraiser $523.00

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 23, 2025 to Oct 19, 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: 101011167, 101031617, 101061183, 101069345, 101071979.

Texas Conservative Majority PAC$455,570.00

Texas Conservative Majority PAC

$455,570.00

Cash
$150,000.00
Paid by others
$305,570.00
Total
$455,570.00
canvassing $190,000.00advertising $98,870.00polling $16,700.00

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 · Aug 21, 2026 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.

Report IDs: 101069345, 101071979.

Associated Republicans of Texas Campaign Fund$326,800.00

Associated Republicans of Texas Campaign Fund

$326,800.00

Cash
$0.00
Paid by others
$326,800.00
Total
$326,800.00
television $225,050.00radio $44,200.00mailer $22,600.00polling $16,700.00Other filed descriptions $10,750.00digital $7,500.00

Also funds 20 other sitting lawmakers.

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

TEC account match.

Team
Sources

Derived itemized flow · May 4, 2026 to Oct 22, 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: 101061183, 101069345, 101071979.

Money

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

×

Texans for Lawsuit Reform PAC

$554,928.87

Cash
$35,000.00
Paid by others
$519,928.87
Total
$554,928.87
advertising $422,488.50mail $75,707.02polling $21,210.35fundraiser $523.00

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 23, 2025 to Oct 19, 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: 101011167, 101031617, 101061183, 101069345, 101071979.

×

Texas Conservative Majority PAC

$455,570.00

Cash
$150,000.00
Paid by others
$305,570.00
Total
$455,570.00
canvassing $190,000.00advertising $98,870.00polling $16,700.00

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 · Aug 21, 2026 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.

Report IDs: 101069345, 101071979.

×

Associated Republicans of Texas Campaign Fund

$326,800.00

Cash
$0.00
Paid by others
$326,800.00
Total
$326,800.00
television $225,050.00radio $44,200.00mailer $22,600.00polling $16,700.00Other filed descriptions $10,750.00digital $7,500.00

Also funds 20 other sitting lawmakers.

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

TEC account match.

Team
Sources

Derived itemized flow · May 4, 2026 to Oct 22, 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: 101061183, 101069345, 101071979.

Votes5

Senate May 25, 2025

Yea
31
Nay
0
Present, not voting
Not printed
Absent
Not printed
Excused
Not printed
Names

Senate journal

Names were not printed. No individual positions are inferred.

Sources

Senator Hall moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 5149 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 31, Nays 0. The bill was read third time and was passed by the following vote: Yeas 31, Nays 0.

Published stock of positions for this vote, except where marked derived.

  • Yea: 31 (published)
  • Nay: 0 (published)
  • Present, not voting: Not printed
  • Absent: Not printed
  • Excused: Not printed

Senate journal. Source snapshot 2026-10-19, Central time.

Senate May 25, 2025

Yea
31
Nay
0
Present, not voting
Not printed
Absent
Not printed
Excused
Not printed
Names

Senate journal

Names were not printed. No individual positions are inferred.

Sources

Senator Hall moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 5149 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 31, Nays 0.

Published stock of positions for this vote, except where marked derived.

  • Yea: 31 (published)
  • Nay: 0 (published)
  • Present, not voting: Not printed
  • Absent: Not printed
  • Excused: Not printed

Senate journal. Source snapshot 2026-10-19, Central time.

Senate May 25, 2025

Yea
Not printed
Nay
Not printed
Present, not voting
Not printed
Absent
Not printed
Excused
Not printed
Names

Senate journal

Names were not printed. No individual positions are inferred.

Voice vote. No numeric tally or individual yeas are inferred.

Sources

The bill was read second time and was passed to third reading by a viva voce vote.

Published stock of positions for this vote, except where marked derived.

  • Yea: Not printed
  • Nay: Not printed
  • Present, not voting: Not printed
  • Absent: Not printed
  • Excused: Not printed

Senate journal. Source snapshot 2026-10-19, Central time.

House May 10, 2025

Yea
131
Nay
0
Present, not voting
1
Absent
4
Excused
14
Names

Named positions matched to lawmakers. See the journal for unmatched names.

House journal

Sources

Record 1998

HB 5149 was passed by (Record 1998): 131 Yeas, 0 Nays, 1 Present, not voting.

Published stock of positions for this vote, except where marked derived.

  • Yea: 131 (published)
  • Nay: 0 (published)
  • Present, not voting: 1 (published)
  • Absent: 4 (derived from named list)
  • Excused: 14 (derived from named list)

House journal. Source snapshot 2026-10-19, Central time.

House May 9, 2025

Yea
128
Nay
0
Present, not voting
2
Absent
2
Excused
18
Names

Named positions matched to lawmakers. See the journal for unmatched names.

House journal

Sources

Record 1912

CSHB 5149 was passed to engrossment by (Record 1912): 128 Yeas, 0 Nays, 2 Present, not voting.

Published stock of positions for this vote, except where marked derived.

  • Yea: 128 (published)
  • Nay: 0 (published)
  • Present, not voting: 2 (published)
  • Absent: 2 (derived from named list)
  • Excused: 18 (derived from named list)

House journal. Source snapshot 2026-10-19, Central time.

Witnesses3
For
1
Against
1
On
1
Names

For

  • Self; Texas Association of Family Defense Attorneys1 registration

Against

  • Self1 registration

On

  • Self; Texas Association of Family Defense Attorneys1 registration
Sources

3 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.

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

Fiscal

No fiscal implication to the State is anticipated.

LBB estimate · fiscal note version E · source

Sources

Fiscal note · version E · May 19, 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 E by claude-opus-5-5, Oct 22, 2026, against the published rubric.

Sources

Texas House · Filed Mar 14, 2025

06/20/2025 E Effective on 9/1/25

Texas Legislature Online · Introduced · House Committee Report · Engrossed · Senate Committee Report · Enrolled

Data snapshot Oct 26, 2026 at 4:19 AM CDT. Grades, charges, quotes and corrections follow the published record.

Sponsors
Bob HallRSenate 2

House committee · Judiciary & Civil Jurisprudence · Committee vote 11 aye, 0 nay · Out of committee

Senate committee · Health & Human Services · Committee vote 8 aye, 0 nay, 1 absent · Out of committee

Subjects

Family--Child Protection

Family--Parent & Child

Protection of Personal Information

DNA

FOSTER CARE

PATERNITY

FAMILY & PROTECTIVE SERVICES, DEPARTMENT OF

Text

The text as introduced · 145 words

89R13984 RAL-D

By: Villalobos
H.B. No. 5149

A BILL TO BE ENTITLED

AN ACT

relating to restricting the use of DNA samples collected from

children in the managing conservatorship of the Department of

Family and Protective Services for certain purposes.

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

SECTION 1. Subchapter B, Chapter 264, Family Code, is

amended by adding Section 264.131 to read as follows:

Sec. 264.131. USE OF FOSTER CHILD DNA FOR CERTAIN PURPOSES

PROHIBITED. The department may not use a DNA sample collected from

a child in the managing conservatorship of the department to

perform a search against a DNA database maintained by the

Department of Public Safety under Subchapter G, Chapter 411,

Government Code, for the purpose of determining paternity without

the written consent of the child's biological mother.

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