Texas Code of Criminal Procedure - Article 38.01. Texas Forensic Science Commission
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Art. 38.01. TEXAS FORENSIC SCIENCE COMMISSION.
Creation
Sec. 1. The Texas Forensic Science Commission is created.
Definition
Sec. 2. In this article, "forensic analysis" has the meaning
assigned by Article 38.35(a).
Composition
Sec. 3. (a) The commission is composed of the following nine
members:
(1) four members appointed by the governor:
(A) two of whom must have expertise in the field of forensic
science;
(B) one of whom must be a prosecuting attorney that the
governor selects from a list of 10 names submitted by the Texas
District and County Attorneys Association; and
(C) one of whom must be a defense attorney that the governor
selects from a list of 10 names submitted by the Texas Criminal
Defense Lawyers Association;
(2) three members appointed by the lieutenant governor:
(A) one of whom must be a faculty member or staff member of
The University of Texas who specializes in clinical laboratory
medicine selected from a list of 10 names submitted to the
lieutenant governor by the chancellor of The University of Texas
System;
(B) one of whom must be a faculty member or staff member of
Texas A&M University who specializes in clinical laboratory
medicine selected from a list of 10 names submitted to the
lieutenant governor by the chancellor of The Texas A&M University
System;
(C) one of whom must be a faculty member or staff member of
Texas Southern University who has expertise in pharmaceutical
laboratory research selected from a list of 10 names submitted to
the lieutenant governor by the chancellor of Texas Southern
University; and
(3) two members appointed by the attorney general:
(A) one of whom must be a director or division head of the
University of North Texas Health Science Center at Fort Worth
Missing Persons DNA Database; and
(B) one of whom must be a faculty or staff member of the Sam
Houston State University College of Criminal Justice and have
expertise in the field of forensic science or statistical analyses
selected from a list of 10 names submitted to the lieutenant
governor by the chancellor of Texas State University System.
(b) Each member of the commission serves a two-year term.
The term of the members appointed under Subsections (a)(1) and (2)
expires on September 1 of each odd-numbered year. The term of the
members appointed under Subsection (a)(3) expires on September 1 of
each even-numbered year.
(c) The governor shall designate a member of the commission
to serve as the presiding officer.
Duties
Sec. 4. (a) The commission shall:
(1) develop and implement a reporting system through which
accredited laboratories, facilities, or entities report
professional negligence or misconduct;
(2) require all laboratories, facilities, or entities that
conduct forensic analyses to report professional negligence or
misconduct to the commission; and
(3) investigate, in a timely manner, any allegation of
professional negligence or misconduct that would substantially
affect the integrity of the results of a forensic analysis
conducted by an accredited laboratory, facility, or entity.
(b) An investigation under Subsection (a)(3):
(1) must include the preparation of a written report that
identifies and also describes the methods and procedures used to
identify:
(A) the alleged negligence or misconduct;
(B) whether negligence or misconduct occurred; and
(C) any corrective action required of the laboratory,
facility, or entity; and
(2) may include one or more:
(A) retrospective reexaminations of other forensic analyses
conducted by the laboratory, facility, or entity that may involve
the same kind of negligence or misconduct; and
(B) follow-up evaluations of the laboratory, facility, or
entity to review:
(i) the implementation of any corrective action required
under Subdivision (1)(C); or
(ii) the conclusion of any retrospective reexamination
under Paragraph (A).
(c) The commission by contract may delegate the duties
described by Subsections (a)(1) and (3) to any person the
commission determines to be qualified to assume those duties.
(d) The commission may require that a laboratory, facility,
or entity investigated under this section pay any costs incurred to
ensure compliance with Subsection (b)(1).
(e) The commission shall make all investigation reports
completed under Subsection (b)(1) available to the public. A
report completed under Subsection (b)(1), in a subsequent civil or
criminal proceeding, is not prima facie evidence of the information
or findings contained in the report.
Reimbursement
Sec. 5. A member of the commission may not receive
compensation but is entitled to reimbursement for the member's
travel expenses as provided by Chapter 660, Government Code, and
the General Appropriations Act.
Assistance
Sec. 6. The Texas Legislative Council, the Legislative Budget
Board, and The University of Texas at Austin shall assist the
commission in performing the commission's duties.
Submission
Sec. 7. The commission shall submit any report received under
Section 4(a)(2) and any report prepared under Section 4(b)(1) to
the governor, the lieutenant governor, and the speaker of the house
of representatives not later than December 1 of each even-numbered
year.
Added by Acts 2005, 79th Leg., ch. 1224, Sec. 1, eff. Sept. 1, 2005.
Article: 37.08 37.09 37.10 37.11 37.12 37.13 37.14 38.01 38.03 38.04 38.05 38.07 38.071 38.072 38.073
Last modified: August 11, 2007
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