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TITLE 37PUBLIC SAFETY AND CORRECTIONS
PART 1TEXAS DEPARTMENT OF PUBLIC SAFETY
CHAPTER 28DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES
SUBCHAPTER IACCREDITATION
RULE §28.145Disciplines and Subdisciplines Subject to DPS Accreditation

(a) 'Forensic analysis'/recognized accreditation. This section describes a discipline or subdiscipline that involves forensic analysis for use in a criminal proceeding and for which accreditation is available from a recognized accrediting body.

(b) By entire discipline. A laboratory may apply to the director for DPS accreditation for one or more of the following disciplines:

  (1) controlled substances;

  (2) toxicology;

  (3) biology;

  (4) firearms/toolmark;

  (5) questioned documents;

  (6) trace evidence; or

  (7) other discipline if approved by a recognized accrediting body and the director.

(c) Limited to subdiscipline. A laboratory may apply to the director for DPS accreditation limited to one or more of the following subdisciplines:

  (1) under the controlled substances discipline, subdiscipline may include controlled substances marihuana, precursor analysis, and clandestine laboratory analysis;

  (2) under the toxicology discipline, subdiscipline may include forensic toxicology, urine drug testing, and blood alcohol analysis;

  (3) under the biology discipline, subdiscipline may include biology, serology, and DNA;

  (4) under the firearms/toolmark discipline, subdiscipline may include: firearms, ballistics, and toolmarks;

  (5) under the questioned documents discipline, subdiscipline may include questioned documents, handwriting, and ink analysis (including forensic handwriting comparison);

  (6) under the trace evidence discipline, subdiscipline may include: fire debris, explosives, fibers, gun shot residue, glass, hairs, paint, filaments, and unknown substances; and

  (7) other discipline and its related subdiscipline if accredited by a recognized accrediting body and the director.

(d) A laboratory may chose to assign a particular subdiscipline to a different administrative section or unit in the laboratory. For example, the subdiscipline of impression evidence, including footwear, tiretrack, and similar impression evidence, may be administratively assigned by the laboratory to its trace evidence section, firearms section, or questioned document section. The director deems impression evidence to be a subdiscipline of several disciplines under this subchapter, including trace evidence, firearms/toolmark, or questioned documents.

(e) If an accreditation for a subdiscipline is accompanied by the term 'only' or a similar notation, the director will deem the accreditation to exclude other subdisciplines in that discipline.

(f) Accreditation of a confirmation test procedure does not carry automatic accreditation of an associated field, spot, screening, or other presumptive test.


Source Note: The provisions of this §28.145 adopted to be effective June 1, 2010, 35 TexReg 4438; amended to be effective August 19, 2010, 35 TexReg 7079

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