Texas sexual-assault survivors now have a quieter route to forensic DNA testing that does not require calling the police. A new limited-consent option lets survivors get a forensic medical exam and have evidence tested for foreign DNA while holding off on a formal report to law enforcement.
The option applies to sexual-assault evidence kits collected on or after Dec. 1 and is designed to keep control in the survivor’s hands. Advocates say the promise will depend on real-world follow-through, especially how fast labs work and how clearly survivors are notified about their choices.
What the law changed
House Bill 1422 created a narrow consent category that allows a survivor to limit a sexual-assault evidence kit to forensic DNA testing by the Department of Public Safety, even if no police report is filed. As laid out in HB 1422, the statute directs DPS to adopt a limited-consent form and to give survivors information about their options for reporting to law enforcement.
How tests are handled
According to the Texas Department of Public Safety, kits submitted under the limited-consent program will be analyzed within 90 days of receipt. Results will be posted to the statewide tracking portal, Track-Kit.
DPS says Track-Kit entries will include a “Lab Complete Date” and a simple readout of whether “Foreign DNA Obtained = Yes or No.” Survivors can also opt in to automated text or email alerts so they do not have to keep checking the system manually.
Retention and reporting options
Once testing is complete, evidence from limited-consent kits will be stored for up to five years. Around the fifth anniversary, Track-Kit is set to notify the survivor and open a three-month window to respond before the evidence is destroyed.
Before that deadline, a survivor can choose to contact local law enforcement and sign DPS’s Consent for Release form (LAB-209). That step allows the lab report and kit to be released for comparison with DNA databases and possible use in a criminal investigation.
First kits, funding, and training
The Odessa American reported that the first limited-consent kit was collected the week before Wednesday. That reporting also notes that the governor’s Public Safety Office funded software upgrades to the Track-Kit system and survivor access features.
According to the same report, DPS worked with Texas A&M’s Center of Excellence in Forensic Nursing, the Texas Association Against Sexual Assault, and the governor’s Sexual Assault Survivors’ Task Force to train medical providers and advocates on how this new option works.
Where this fits nationally
Across the country, survivor-facing kit trackers have become a popular reform tool because they shine light on where evidence is in the process and help expose backlogs. Stateline has documented how most states now offer some version of this transparency.
The Track-Kit platform used in Texas is one of those systems. InVita, the company behind Track-Kit, describes it as a turnkey sexual-assault-kit tracking system used in multiple states and marketed as a survivor-facing tool that logs every step of a kit’s journey.
What survivors should know
DPS has posted the required forms and instructions for limited consent, including the laboratory submission form (LAB-206) and the Consent for Release form (LAB-209). The agency also provides a dedicated email address for questions at [email protected].
The Texas Department of Public Safety explains how survivors can later authorize the release of evidence to law enforcement if they decide they want an investigation.
Bottom line
The limited-consent program gives Texas survivors a formal path to have evidence tested while keeping the decision to involve police squarely in their own hands. Whether it builds real trust and access will hinge on outreach, training for examiners, and how consistently labs hit that 90-day turnaround target.
