S.B. No. 1660 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. ______________________________ ______________________________ President of the Senate Speaker of the House I hereby certify that S.B. No. 1660 passed the Senate on May 7, 2025, by the following vote: Yeas 31, Nays 0; May 29, 2025, Senate refused to concur in House amendments and requested appointment of Conference Committee; May 30, 2025, House granted request of the Senate; June 1, 2025, Senate adopted Conference Committee Report by the following vote: Yeas 31, Nays 0. ______________________________ Secretary of the Senate I hereby certify that S.B. No. 1660 passed the House, with amendments, on May 28, 2025, by the following vote: Yeas 113, Nays 23, one present not voting; May 30, 2025, House granted request of the Senate for appointment of Conference Committee; June 1, 2025, House adopted Conference Committee Report by the following vote: Yeas 109, Nays 25, one present not voting. ______________________________ Chief Clerk of the House Approved: ______________________________ Date ______________________________ Governor