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RULE §19.1Definitions

The following words and phrases, when used in this chapter, shall have the following meanings, unless the context shall clearly indicate otherwise.

  (1) Alcohol--Ethyl alcohol, sometimes referred to as grain alcohol or ethanol.

  (2) Approval--Meeting and maintaining the requirements set forth in this title for approval.

  (3) Approved breath alcohol testing program--A breath alcohol testing program meeting and maintaining the provisions stated in §19.4 of this title (relating to Approval of Techniques, Methods, and Programs).

  (4) Approved course of instruction--A school, college, agency, institution, or laboratory meeting the requirements stated in §19.7 of this title (relating to Approval of Courses of Instruction).

  (5) Breath alcohol test (breath alcohol analysis)--The analysis of a subject's breath specimen(s) to determine the alcohol concentration(s) thereof.

  (6) Certification--Meeting and maintaining the requirements set forth in this title for certification.

  (7) Certified operator--An individual meeting and maintaining the requirements stated in §19.5 of this title (relating to Operator Certification).

  (8) Conviction--An adjudicated verdict of guilty or an order of deferred adjudication by a court of competent jurisdiction.

  (9) Department--The unmodified word "department" in this title refers to the Texas Department of Public Safety.

  (10) Inactivation--The voluntary or temporary discontinuance of certification.

  (11) Instrument(s)--The device(s) which measure or quantitate the breath alcohol concentration pursuant to §19.2 of this title (relating to Instrument Certification).

  (12) Office of the Scientific Director (OSD)--The scientific director and his staff.

  (13) Predicted value--The known value of the reference sample.

  (14) Proficiency test--A test administered at the direction of a technical supervisor or designated representative of the Scientific Director to establish and/or ascertain the competency of an operator to obtain valid results on breath test instruments.

  (15) Public information and demonstration--The public display and exhibition of certified evidential breath testing equipment.

  (16) Recertification--A process to make certification current.

  (17) Reference sample device--An apparatus or device designed to provide a reference sample or analytical test standard.

  (18) Renewal of current certification--The continuance of active certification by meeting the requirements stated in §19.5(b) of this title (relating to Operator Certification).

  (19) Reports and records--The data and documents pertinent to this title.

  (20) Scientific director--The individual or his designee responsible for the implementation, administration and enforcement of the Texas breath alcohol testing regulations.

  (21) Security--The safeguard of certified instruments at testing locations.

  (22) Site location--The physical site of the breath alcohol testing instrument and reference sample device.

  (23) Suspension--The termination or revocation of certification.

  (24) System blank analysis--An analysis of ambient air, free of alcohol and other interfering substances, that yields a result of 0.000.

  (25) Technical supervisor and technical supervision--An individual meeting the minimum requirements set forth in §19.6 of this title (relating to Technical Supervisor Certification) and the responsibilities of such.

Source Note: The provisions of this §19.1 adopted to be effective March 26, 2006, 31 TexReg 2189; amended to be effective June 26, 2013, 38 TexReg 3988

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