<<Prev Rule

Texas Administrative Code

Next Rule>>
TITLE 37PUBLIC SAFETY AND CORRECTIONS
PART 1TEXAS DEPARTMENT OF PUBLIC SAFETY
CHAPTER 19BREATH ALCOHOL TESTING REGULATIONS
SUBCHAPTER ABREATH ALCOHOL TESTING REGULATIONS
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

Next Page Previous Page