By: Huffman  S.B. No. 1660          (In the Senate - Filed February 26, 2025; March 11, 2025,   read first time and referred to Committee on Criminal Justice;   May 5, 2025, reported adversely, with favorable Committee   Substitute by the following vote:  Yeas 7, Nays 0; May 5, 2025, sent   to printer.)     COMMITTEE SUBSTITUTE FOR S.B. No. 1660 By:  Flores     A BILL TO BE ENTITLED   AN ACT     relating to the retention and preservation of toxicological   evidence of certain intoxication offenses.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 38.50, Code of Criminal Procedure, is   amended by adding Subsection (c-1) and amending Subsections (g) and   (h) to read as follows:          (c-1)  A crime laboratory to which this article applies that   is in possession of toxicological evidence shall annually:                (1)  notify the prosecutor's office in the county in   which the alleged offense occurred that the laboratory is in   possession of toxicological evidence for an alleged offense that   occurred in that county; and                (2)  provide to the prosecutor's office the date on   which the laboratory received the evidence.          (g)  Notice given under this article must be given:                (1)  in writing, as soon as practicable, by hand   delivery, e-mail, or first-class [first class] mail to the person's   last known e-mail or mailing address; or                (2)  if applicable, orally and in writing on requesting   the specimen under Section 724.015, Transportation Code.          (h)  A prosecutor's office may require that an entity or   individual charged with storing toxicological evidence seek   written approval from the prosecutor's office before destroying   toxicological evidence subject to the retention period under   Subsection (c)(2) or (3) [(c)(3)] for cases in which the   prosecutor's office presented the indictment, information, or   petition.  If a prosecutor's office does not provide a written   denial of a request to destroy toxicological evidence before the   90th day after the date the request is made by hand delivery,   certified mail, or e-mail to an address designated by the   prosecutor's office, the entity or individual charged with storing   the toxicological evidence may destroy the evidence if the   retention period under Subsection (c)(2) or (3) for that evidence   has expired.          SECTION 2.  Article 38.50(h), Code of Criminal Procedure, as   amended by this Act, applies only to evidence for which the   appropriate retention and preservation period under Article 38.50,   Code of Criminal Procedure, as amended by this Act, expires on or   after the effective date of this Act.  Evidence for which the   appropriate retention and preservation period expired before the   effective date of this Act is governed by the law in effect on the   date of expiration of that period, and the former law is continued   in effect for that purpose.          SECTION 3.  This Act takes effect September 1, 2025.     * * * * *