DPS To Begin Charging Law Enforcement Agencies For Specific Crime Lab Services

Sept. 1st Funding Change Mandated by Legislative Action – Fee Schedule for DPS Crime Lab Services Released.

AUSTIN – In accordance with the General Appropriation Act (GAA) passed by the 85^th Texas Legislature requiring the Texas Department of Public Safety (DPS) to collect up to $11.5 million in fees for forensic analysis services (per Rider 58) in order to realize the full budget authorization for DPS Crime Labs ($74.5 million), DPS will begin charging law enforcement agencies for using certain crime laboratory services on Sept. 1, 2017.

Accordingly, DPS today released a fee schedule for particular crime lab services.

The Legislature provided the DPS lab system approximately $63 million for FY 2018-2019, and requires up to an additional $11.5 million to be charged and collected (as referenced above), which would make up the balance of the total authorized budget of the $74.5 million for crime laboratory services.

Last biennium, the DPS crime lab was appropriated approximately $74.7 million.

The FY 2018-2019 General Appropriation Act (GAA) directs a change to the method by which forensic analysis services conducted by the Department of Public Safety (DPS) state crime laboratory system are funded.

Rider 58 of the GAA directs DPS to collect up to $11,540,852 in fees from entities to whom forensic analysis services are provided by the Department pursuant to Texas Code of Criminal Procedure Article 38.35(c).

In accordance with this legislative directive, DPS will charge for forensic analysis performed on controlled substances, toxicology, DNA evidence submissions and biological specimens to detect the presence of alcohol.

In order to understand the financial impact of this rider on local criminal justice agencies and to also ensure the investigation and prosecution of crimes against persons offenses are fully supported by forensic analysis, DPS is evaluating the impact of this legislation to our DNA program. DPS is currently in the process of finalizing a cost model for each forensic discipline listed above.

The goal will be to develop a model that will minimize the cost for forensic analysis while generating enough revenue to fund the continued operation of the laboratory system as directed in Rider 58.

DPS also plans to utilize state appropriations to provide each local criminal justice agency with a voucher, the balance of which can be used by the agency to acquire the DPS forensic analysis services of their choice.

DPS will determine and publish the value of the voucher prior to Sept. 1, 2017. Finally, in addition to the cost model, DPS will develop a policy and implementation guide to govern this new legislative requirement.

The cost model, policy, and implementation guide will be published on the DPS website this summer http://www.dps.texas.gov.