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Texas Government Code - Section 411.0205. Crime Laboratory Accreditation Process

Legal Research Home > Texas Laws > Government Code > Texas Government Code - Section 411.0205. Crime Laboratory Accreditation Process

§ 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 
methodologies;  and   
		(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 
Criminal Procedure;
		(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 
laboratory;  or
		(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 
laboratory.
	(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 
Subchapter G.

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, 
2005.

Last modified: August 11, 2007