PART 15. TEXAS FORENSIC SCIENCE COMMISSION
CHAPTER 651. DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES
The Texas Forensic Science Commission ("Commission") adopts amendments to 37 Texas Administrative Code §651.5 and §651.203 without changes to the text as published in the May 26, 2023, issue of the Texas Register (48 TexReg 2681) to change a reference from "SNP" (single-nucleotide polymorphisms) to "massively parallel sequencing" in the categories of analysis for forensic biology/DNA to harmonize the reference with terminology used by the Commission's recognized accrediting bodies. The rules will not be republished.
Summary of Comments. No comments were received regarding the amendments to this section.
SUBCHAPTER A. ACCREDITATION
Statutory Authority. The amendments are adopted in accordance with the Commission crime laboratory accreditation authority under (1) Code of Criminal Procedure Article 38.01 § 4-d which directs the Commission to establish an accreditation process for crime laboratories; (2) the Commission's forensic analyst licensing authority under Code of Criminal Procedure Article 38.01 § 4-a, which directs the Commission to establish the qualifications for a forensic analyst license' and (3) the Commission's general rulemaking authority under Article 38.01 § 3-a, which generally directs the Commission to adopt rules necessary to implement Code of Criminal Procedure, Article 38.01
Cross reference to statute. The proposal affects Tex. Code Crim. Proc. art. 38.01 §§ 4-a and 4-d.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July 3, 2023.
TRD-202302402
Leigh Tomlin
Associate General Counsel
Texas Forensic Science Commission
Effective date: July 23, 2023
Proposal publication date: May 26, 2023
For further information, please call: (512) 936-0661
Statutory Authority. The amendments are adopted in accordance with the Commission crime laboratory accreditation authority under (1) Code of Criminal Procedure Article 38.01 § 4-d which directs the Commission to establish an accreditation process for crime laboratories; (2) the Commission's forensic analyst licensing authority under Code of Criminal Procedure Article 38.01 § 4-a, which directs the Commission to establish the qualifications for a forensic analyst license' and (3) the Commission's general rulemaking authority under Article 38.01 § 3-a, which generally directs the Commission to adopt rules necessary to implement Code of Criminal Procedure, Article 38.01.
Cross reference to statute. The proposal affects Tex. Code Crim. Proc. art. 38.01 §§ 4-a and 4-d.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July 3, 2023.
TRD-202302403
Leigh Tomlin
Associate General Counsel
Texas Forensic Science Commission
Effective date: July 23, 2023
Proposal publication date: May 26, 2023
For further information, please call: (512) 936-0661
The Texas Forensic Science Commission ("Commission") adopts amendments to 37 Texas Administrative Code §651.207 and §651.211 without changes to the text as published in the May 26, 2023, issue of the Texas Register (46 TexReg 2683) to eliminate the fee for a temporary forensic analyst license. The rules will not be republished.
Summary of Comments. No comments were received regarding the amendments to this section.
Statutory Authority. The amendments are made in accordance with the Commission's forensic analyst licensing authority under Code of Criminal Procedure, Art. 38.01 § 4-a(d)(2), which directs the Commission to establish fees for the issuance of a license, and the Commission's general rulemaking authority under Art. 38.01 § 3-a, which directs the Commission to adopt rules necessary to implement Code of Criminal Procedure, Art. 38.01.
Cross-reference to statute. The proposal affects Tex. Code Crim. Proc. Art. 38.01 § 4-a(d)(2).
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July 3, 2023.
TRD-202302404
Leigh Tomlin
Associate General Counsel
Texas Forensic Science Commission
Effective date: July 23, 2023
Proposal publication date: May 26, 2023
For further information, please call: (512) 936-0661