Texas Government Code - Section 411.0205. Crime Laboratory Accreditation Process
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Texas Laws > Government Code > Texas Government Code - Section 411.0205. Crime Laboratory Accreditation Process
Section: 411.019 411.0195 411.0196 411.0197 411.020 411.0201 411.0202 411.0205 411.021 411.022 411.0221 411.0222 411.0223 411.023 411.024
§ 411.0205. CRIME LABORATORY ACCREDITATION PROCESS. (a)
In this section, "crime laboratory," "forensic analysis," and
"physical evidence" have the meanings assigned by Article 38.35,
Code of Criminal Procedure.
(b) The director by rule:
(1) shall establish an accreditation process for crime
laboratories and other entities conducting forensic analyses of
physical evidence for use in criminal proceedings; and
(2) may modify or remove a crime laboratory exemption
under this section if the director determines that the underlying
reason for exemption no longer applies.
(b-1) As part of the accreditation process established and
implemented under Subsection (b), the director may:
(1) establish minimum standards that relate to the
timely production of a forensic analysis to the agency requesting
the analysis and that are consistent with this article and code;
(2) validate or approve specific forensic methods or
(3) establish procedures, policies, and practices to
improve the quality of forensic analyses conducted in this state.
(b-2) The director may require that a laboratory, facility,
or entity required to be accredited under this section pay any costs
incurred to ensure compliance with the accreditation process.
(c) The director by rule may exempt from the accreditation
process established under Subsection (b) a crime laboratory
conducting a forensic analysis or a type of analysis, examination,
or test if the director determines that:
(1) independent accreditation is unavailable or
inappropriate for the laboratory or the type of analysis,
examination, or test performed by the laboratory;
(2) the type of analysis, examination, or test
performed by the laboratory is admissible under a well-established
rule of evidence or a statute other than Article 38.35, Code of
(3) the type of analysis, examination, or test
performed by the laboratory is routinely conducted outside of a
crime laboratory by a person other than an employee of the crime
(4) the laboratory:
(A) is located outside this state or, if located
in this state, is operated by a governmental entity other than the
state or a political subdivision of the state; and
(B) was accredited at the time of the analysis
under an accreditation process with standards that meet or exceed
the relevant standards of the process established by the director
under Subsection (b).
(d) The director may at any reasonable time enter and
inspect the premises or audit the records, reports, procedures, or
other quality assurance matters of a crime laboratory that is
accredited or seeking accreditation under this section.
(e) The director may collect costs incurred under this
section for accrediting, inspecting, or auditing a crime
(f) If the director provides a copy of an audit or other
report made under this section, the director may charge $6 for the
copy, in addition to any other cost permitted under Chapter 552 or a
rule adopted under that chapter.
(g) Funds collected under this section shall be deposited in
the state treasury to the credit of the state highway fund, and
money deposited to the state highway fund under this section may be
used only to defray the cost of administering this section or
Added by Acts 2003, 78th Leg., ch. 698, § 4, eff. June 20, 2003.
Amended by Acts 2005, 79th Leg., ch. 1224, § 3, eff. Sept. 1,
Last modified: August 11, 2007