PART 15. TEXAS FORENSIC SCIENCE COMMISSION
CHAPTER 651. DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES
The Texas Forensic Science Commission (Commission) proposes amendments to: (1) 37 Texas Administrative Code Chapter §651.202, Definitions; (2) §615.207, Forensic Analyst and Forensic Technician Licensing Requirements, Including Initial License Term and Fee, Minimum Education and Coursework, General Forensic Examination, Proficiency Monitoring and Mandatory Legal and Professional Responsibility Training; and (3) §651.8, Full Commission Accreditation, to add a definition for "inactive" forensic analyst and forensic technician licenses. The rule amendments further clarify the accredited laboratory's obligation and the licensee's obligation to report employment changes to the Commission in instances where Commission-licensed forensic analysts and forensic technicians experience changes in employment with an accredited laboratory. Under the current accredited laboratory rules, there is no express laboratory obligation to report changes in employment for Commission-licensed employees. The rule changes also add the word "forensic" to the Commission's "technician" definition for clarity.
Background and Justification. The proposed amendments add a definition for "inactive" forensic analyst and forensic technician licenses to provide clarity to the meaning of the "inactive" status. Under the current rules, there is not a clear definition of the "inactive" designation for a license. Licensees are deemed inactive when they are no longer performing forensic analysis on behalf of an accredited laboratory or if their license expires and they still have ninety (90) days to reinstate the license. The rule amendments further clarify the accredited laboratory and licensee's two-fold obligation to report employment changes to the Commission in instances where Commission-licensed forensic analysts and forensic technicians experience changes in employment with an accredited laboratory, so the Commission is able to accurately reflect reported license statuses in its public database. Under the current accredited laboratory rules, there is no express requirement for laboratories to report changes in employment for Commission-licensed employees and license "active" or "inactive" statuses may be reflected inaccurately when there are changes in employment by a licensee. The proposed amendments also make minor grammatical changes.
Fiscal Impact on State and Local Government. Leigh M. Tomlin, Associate General Counsel of the Commission, has determined that for each year of the first five years the new rule is in effect, there will be no fiscal impact to state or local governments as a result of the enforcement or administration of the proposal. There is no estimated loss or increase in revenue to the state or to local governments as a result of enforcing or administering the proposed rule amendments.
Local Employment Impact Statement. The proposal has no effect on local economy; therefore, no local employment impact statement is required under Texas Government Code §2001.022.
Probable Economic Costs to Persons Required to Comply with Proposal. The proposal does not impose a cost on regulated persons, another state agency, a special district, or a local government and, therefore, is not subject to Texas Government Code §2001.0045.
Public Benefit. Ms. Tomlin has also determined that for each year of the first five years the new rule is in effect, the anticipated public benefit is better clarity for stakeholders and the public on the meaning of the "inactive" license designation in the Commission's forensic analyst licensing program rules and the laboratory and licensee's obligation to report changes in employment.
Fiscal Impact on Small and Micro-businesses and Rural Communities. There is no adverse economic effect anticipated for small businesses, micro-businesses, or rural communities as a result of implementing the proposed rule. Accordingly, no economic impact statement or regulatory flexibility analysis is required under Texas Government Code §2006.002(c).
Takings Impact Assessment. Ms. Tomlin has determined that no private real property interests are affected by this proposal and that this proposal does not restrict or limit an owner's right to property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking or require a takings impact assessment under the Government Code §2007.043.
Government Growth Impact Statement. Ms. Tomlin has determined that for the first five-year period, implementation of the proposed amendments will have no government growth impact. Pursuant to the analysis required by Government Code 2001.221(b): (1) the proposed rule does not create or eliminate a government program; (2) implementation of the proposed rule does not require the creation of new employee positions or the elimination of existing employee positions; (3) implementation of the proposed rule does not increase or decrease future legislative appropriations to the agency; (4) the proposed rule changes do not require any fees; (5) the proposed rule does not create a new regulation; (6) the proposed rule does not expand, limit, or repeal an existing regulation; (7) the proposed rule does not increase or decrease the number of individuals subject to the rule's applicability; and (8) the proposed rule has no effect on the state's economy.
Environmental Rule Analysis. The Commission has determined that the proposed rules are not brought with specific intent to protect the environment or reduce risks to human health from environmental exposure; thus, the Commission asserts that the proposed rules are not a "major environmental rule," as defined in Government Code §2001.0225. As a result, the Commission asserts the preparation of an environmental impact analysis, as provided by §2001.0225, is not required.
Request for Public Comment. The Commission invites comments on the proposal from any member of the public. Please submit comments to Leigh M. Tomlin 1700 North Congress Avenue, Suite 445, Austin, Texas 78701 or leigh@fsc.texas.gov. Comments must be received by January 24, 2025 to be considered by the Commission.
SUBCHAPTER A. ACCREDITATION
Statutory Authority. The rule amendments are proposed under the general rulemaking authority provided in Code of Criminal Procedure, Article 38.01 §3-a and its authority to license forensic analysts under §4-a(b).
Cross reference to statute. The proposal affects Tex. Code Crim. Proc. art. 38.01.
§651.8.[Full] Commission Accreditation and Accredited Laboratory Reporting Requirements.
(a) Issuance and renewal. The Commission may issue or renew accreditation under this section.
(b) Application. An applicant for [full]
Commission accreditation must complete and submit to the Commission
a current Laboratory Accreditation Form and attach copies of the following:
(1) an accreditation certificate and letter of notification of accreditation from a recognized accrediting body; and
(2) each document provided by the recognized accrediting body that identifies the discipline or category of analysis for which the laboratory has received accreditation and any limitation or restriction regarding that accreditation.
(c) Additional information. The Commission may require additional information to properly evaluate the application either as part of the original application or as supplemental information.
(d) Reports to the Commission:
(1) If accredited by ANAB, a laboratory must provide
the Commission with a copy of each accreditation assessment report[,
] including, but not limited to, any on-site
surveillance assessment report, off-site surveillance assessment report,
scope extension assessment report, Federal Bureau of Investigation
Quality Assurance Standards Audit for Forensic DNA Testing Laboratories
report, ABFT Checklist report, as well as any management system's
internal or external audit report, or any other reports required pursuant
to compliance with accreditation by the laboratory within 5 days of
completion or receipt of the report. If accredited by A2LA, a laboratory
must provide the Commission with a copy of each equivalent report
within 5 days of completion or receipt of the report.
(2) A laboratory must provide the Commission with a copy of all substantive communications between the laboratory and the recognized accrediting body. The laboratory must submit the copy to the Commission no later than 10 days after the date the laboratory receives or transmits the correspondence, report, or communication.
(3) A laboratory that either voluntarily makes a decision to discontinue accreditation or is informed by its accrediting body of the accrediting body's decision to discontinue its accreditation in a specific forensic discipline or category of analysis must submit written notification to the Commission no later than 5 business days after the effective date of the discontinuation.
(4) A laboratory must notify the Commission by email no later than five (5) business days of any change to the employment status of its Commission-licensed forensic analyst or forensic technician who departs employment, experiences a gap in employment, is not actively performing casework, or temporarily assumes non-forensic analysis, administrative duties from the laboratory.
(e) Federal forensic laboratories. A federal forensic
laboratory is deemed to be accredited by the Commission without application[,] provided that the laboratory is accredited by a recognized
accrediting body as provided under §651.4 of this subchapter
(relating to List of Recognized Accrediting Bodies). A laboratory
deemed accredited is not subject to the reporting requirements of
this subchapter or the processes provided under Subchapter B of this
chapter (relating to Complaints, Special Review, and Administrative Action).
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on December 6, 2024.
TRD-202405896
Leigh Marie Tomlin
Associate General Counsel
Texas Forensic Science Commission
Earliest possible date of adoption: January 19, 2025
For further information, please call: (512) 936-0661
Statutory Authority. The rule amendments are proposed under the general rulemaking authority provided in Code of Criminal Procedure, Article 38.01 §3-a and its authority to license forensic analysts under §4-a(b).
Cross reference to statute. The proposal affects Tex. Code Crim. Proc. art. 38.01.
§651.202.Definitions.
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.
(1) Accredited laboratory - Includes a public or private laboratory or other entity that conducts forensic analysis as defined in Article 38.35, Code of Criminal Procedure, and is accredited by a national accrediting body recognized by the Commission and listed in §651.4 of this title (relating to List of Recognized Accrediting Bodies).
(2) Accredited university - A college or university
accredited by a national accrediting body recognized by the United
States Department of Education[,] or a foreign university
with a degree program(s) recognized as equivalent by the Commission
(3) Crime scene investigation - Includes locating, documenting, and preserving evidence at a crime scene as well as analysis of selected evidence for purposes of assessing suitability for additional forensic testing. It does not include the application of the scientific method to evaluate information regarding a scene, which would be considered crime scene reconstruction.
(4) Crime scene processing - Includes locating, documenting, and preserving evidence at a crime scene, but does not include any analytical activities with respect to the evidence.
(5) Crime scene reconstruction - The application of the scientific method to evaluate information regarding a crime scene from all reasonably available sources such as scene documentation, investigative reports, physical evidence, laboratory reports, autopsy documentation, photographs, video, and witness statements. Crime Scene Reconstruction--as distinguished from crime scene processing or crime scene investigation--includes the application of analytical methods beyond general observations or opinions about the scene to identify and test hypotheses.
(6) Document Examination - Includes the scientific examinations, analyses, and comparisons of documents in order to determine the origin, authenticity, and authorship.
(7) Forensic analysis - Has the meaning assigned by Article 38.35, Code of Criminal Procedure.
(8) Forensic analyst - A person who on behalf of a crime laboratory accredited under Article 38.01 §4-d, Code of Criminal Procedure, technically reviews or performs a forensic analysis or draws conclusions from or interprets a forensic analysis for a court or crime laboratory. The term does not include a medical examiner or other forensic pathologist who is a licensed physician.
(9) Forensic anthropology - Includes the application of anthropological methods and theory, particularly those relating to the recovery and analysis of human remains.
(10) Forensic pathology - Includes that portion of an autopsy conducted by a medical examiner or other forensic pathologist who is a licensed physician.
(11) Inactive - A forensic analyst or forensic technician license issued by the Commission is designated inactive when a person licensed by the Commission:
(A) departs employment, experiences a gap in employment, is not actively performing casework, or temporarily assumes non-forensic analysis administrative duties for an accredited laboratory; or
(B) is within the period of ninety (90) days permitted to reinstate an expired license pursuant to §651.209(a) of this subchapter (relating to Forensic Analyst and Forensic Technician License Expiration).
(12) [(11)] Interpretation for
toxicology - Interpretation is the consideration of dose-response
relationships between drugs, alcohol, or other compounds of interest
and the resulting behavioral or physical changes to human performance,
including the evaluation of pharmacokinetic and pharmacodynamics parameters.
Examples include but are not limited to: calculation of dose or other
pharmacokinetic calculations; determination of drug/drug interactions;
determination (or reporting) of therapeutic, toxic, or lethal drug
ranges; evaluation of drug absorption, distribution, metabolism, or
excretion; and determination of the effects (mental or physical).
(13) [(12)] Latent print examination
- Includes the forensic examination of friction ridge detail from
the hands and feet.
(14) [(13)] Latent Print Processing
-Includes identifying and preserving latent prints from items obtained
at a crime scene utilizing appropriate visual, physical, and/or chemical
techniques with sequential processing to develop latent, patent, and/or
plastic prints from a substrate.
(15) [(14)] Physical evidence
- Has the meaning assigned by Article 38.35, Code of Criminal Procedure.
(16) [(15)] Professional Misconduct
- The forensic analyst or crime laboratory, through a material act
or omission, deliberately failed to follow the standard of practice
that an ordinary forensic analyst or crime laboratory would have followed,
and the deliberate act or omission would substantially affect the
integrity of the results of a forensic analysis. An act or omission
was deliberate if the forensic analyst or crime laboratory was aware
of and consciously disregarded an accepted standard of practice required
for a forensic analysis.
(17) [(16)] Forensic Technician
- An individual who performs basic analytical functions under the
supervision of a qualified analyst, but does not evaluate data, reach
conclusions, or sign any report for court or investigative purposes,
shall be considered a technician under the disciplines set forth in
this section, with the exception of a Firearms/Toolmarks Technician
who may issue a report provided it is limited to a representation
that a firearm was test-fired and/or cartridge cases were entered
into the National Integrated Ballistics Information Network
§651.207.Forensic Analyst and Forensic Technician Licensing Requirements, Including Initial License Term and Fee, Minimum Education and Coursework, General Forensic Examination, Proficiency Monitoring, and Mandatory Legal and Professional Responsibility Training.
(a) Issuance. The Commission may issue an individual's Forensic Analyst or Forensic Technician License under this section.
(b) License Term. A Forensic Analyst or Forensic Technician license holder must renew the license holder's license after the initial date of issuance, every two years on the day before the issuance of the initial license with the exception of §651.208(b) of this subchapter (relating to Renewal Term).
(c) Application. Before being issued a Forensic Analyst or Forensic Technician License, an applicant must:
(1) demonstrate that he or she meets the definition of Forensic Analyst or Forensic Technician set forth in this subchapter;
(2) complete and submit to the Commission a current Forensic Analyst or Forensic Technician License Application form;
(3) pay the required fee(s) as applicable:
(A) Initial Application fee of $220 for Analysts and $150 for Technicians/Screeners;
(B) Biennial renewal fee of $200 for Analyst and $130 for Technicians/Screeners;
(C) Pro-rated Fees for Certain License Renewals. This subsection applies to licensees initially licensed before January 1, 2024 who are renewing on or before December 31, 2026. Application fee of $220 for Analysts and $150 for Technicians for the twenty-four months of the Initial License Term. If the Analyst or Technician's renewed license term under §651.208(b) of this subchapter exceeds twenty-four months, the Analyst or Technician shall pay an additional prorated amount of $8.33 per month (for Analysts) and $5.42 per month (for Technicians) for each month exceeding two years. If the Analyst or Technician's Initial License Term under §651.208(b) of this subchapter is less than twenty-four months, the Analyst or Technician shall pay a prorated amount of $8.33 per month (for Analysts) and $5.42 per month (for Technicians) for each month in the Initial License Term;
(D) Temporary License fee of $100;
(E) Provisional License fee of $110 for Analysts and $75 for Technicians; An applicant who is granted a provisional license and has paid the required fee will not be required to pay an additional initial application fee if the provisional status is removed within one year of the date the provisional license is granted;
(F) License Reinstatement fee of $220;
(G) De Minimis License fee of $200 per ten (10) licenses;
(H) Uncommon Forensic Analysis License fee of $200 per ten (10) licenses; and/or
(I) Special Exam Fee of $50 for General Forensic Analyst Licensing Exam, required only if testing beyond the three initial attempts or voluntarily taking the exam under the Unaccredited Forensic Discipline Exception described in subsection (g)(5)(C) of this section;
(4) provide accurate and current address and employment information to the Commission and update the Commission within five (5) business days of any change in address or change of employment. Licensees are required to provide a home address, email address, and employer name and address on an application for a license. If a forensic analyst or forensic technician departs employment, experiences a gap in employment, is no longer actively performing casework, or temporarily assumes non-forensic analysis, administrative duties from an accredited laboratory, or has ninety (90) days or less to reinstate an expired license pursuant to §651.209(a) of this subchapter (relating to Forensic Analyst and Forensic Technician License Expiration), the licensee's status is deemed inactive and will be designated as inactive in the Commission's online database of licensees, until such time that the licensee notifies the Commission of their employment by an accredited laboratory as a forensic analyst or forensic technician, or has a change in job duties requiring the licensee to resume active casework; and
(5) provide documentation that he or she has satisfied all applicable requirements set forth under this section.
(d) Minimum Education Requirements.
(1) Seized Drugs Analyst. An applicant for a Forensic Analyst License in seized drugs must have a baccalaureate or advanced degree in chemical, physical, biological science, chemical engineering or forensic science from an accredited university.
(2) Seized Drugs Technician. An applicant for a Forensic Analyst License limited to the seized drug technician category must have a minimum of an associate's degree or equivalent.
(3) Toxicology (Toxicology Analyst (Alcohol Only, Non-interpretive), Toxicology Analyst (General, Non-interpretive), Toxicologist (Interpretive)). An applicant for a Forensic Analyst License in toxicology must have a baccalaureate or advanced degree in a chemical, physical, biological science, chemical engineering or forensic science from an accredited university.
(4) Toxicology Technician. An applicant for a Forensic Analyst License limited to the toxicology technician category must have a minimum of an associate's degree or equivalent.
(5) Forensic Biology (DNA Analyst, Forensic Biology Screener, Nucleic Acids other than Human DNA Analyst, Forensic Biology Technician). An applicant for any category of forensic biology license must have a baccalaureate or advanced degree in a chemical, physical, biological science or forensic science from an accredited university.
(6) Firearm/Toolmark Analyst. An applicant for a Forensic Analyst License in firearm/toolmark analysis must have a baccalaureate or advanced degree in a chemical, physical, biological science, engineering or forensic science from an accredited university.
(7) Firearm/Toolmark Technician. An applicant for a Forensic Analyst License limited to firearm/toolmark technician must have a minimum of a high school diploma or equivalent degree.
(8) Materials (Trace) Analyst. An applicant for a Forensic Analyst License in materials (trace) must have a baccalaureate or advanced degree in a chemical, physical, biological science, chemical engineering or forensic science from an accredited university. A Materials (Trace) Analyst performing only impression evidence analyses must have a minimum of a high school diploma or equivalent degree.
(9) Materials (Trace) Technician. An applicant for a Forensic Analyst License limited to materials (trace) technician must have a minimum of a high school diploma or equivalent degree.
(10) Foreign/Non-U.S. degrees. The Commission shall recognize equivalent foreign, non-U.S. baccalaureate or advanced degrees. The Commission reserves the right to charge licensees a reasonable fee for credential evaluation services to assess how a particular foreign degree compares to a similar degree in the United States. The Commission may accept a previously obtained credential evaluation report from an applicant or licensee in fulfillment of the degree comparison assessment.
(11) If an applicant does not meet the minimum education qualifications outlined in this section, the procedure in subsection (f) or (j) of this section applies.
(e) Specific Coursework Requirements.
(1) Seized Drugs Analyst. An applicant for a Forensic Analyst License in seized drugs must have a minimum of sixteen-semester credit hours (or equivalent) in college-level chemistry coursework above general coursework from an accredited university. In addition to the chemistry coursework, an applicant must also have a three-semester credit hour (or equivalent) college-level statistics course from an accredited university or a program approved by the Commission.
(2) Toxicology. An applicant for a Forensic Analyst License in toxicology must fulfill required courses as appropriate to the analyst's role and training program as described in the categories below:
(A) Toxicology Analyst (Alcohol Only, Non-interpretive). A toxicology analyst who conducts, directs or reviews the alcohol analysis of forensic toxicology samples, evaluates data, reaches conclusions and may sign a report for court or investigative purposes, but does not provide interpretive opinions regarding human performance must complete a minimum of sixteen-semester credit hours (or equivalent) in college-level chemistry coursework above general coursework from an accredited university.
(B) Toxicology Analyst (General, Non-interpretive). A toxicology analyst who conducts, directs or reviews the analysis of forensic toxicology samples, evaluates data, reaches conclusions and may sign a report for court or investigative purposes, but does not provide interpretive opinions regarding human performance, must complete a minimum of sixteen-semester credit hours (or equivalent) in college-level chemistry coursework above general coursework that includes organic chemistry and two three-semester credit hour (or equivalent) college-level courses in analytical chemistry and/or interpretive science courses that may include Analytical Chemistry, Chemical Informatics, Instrumental Analysis, Mass Spectrometry, Quantitative Analysis, Separation Science, Spectroscopic Analysis, Biochemistry, Drug Metabolism, Forensic Toxicology, Medicinal Chemistry, Pharmacology, Physiology, or Toxicology.
(C) Toxicologist (Interpretive). A toxicologist who provides interpretive opinions regarding human performance related to the results of toxicological tests (alcohol and general) for court or investigative purposes must complete a minimum of sixteen-semester credit hours (or equivalent) in college-level chemistry coursework above general coursework that includes organic chemistry, one three-semester credit hour (or equivalent) course in college-level analytical chemistry (Analytical Chemistry, Chemical Informatics, Instrumental Analysis, Mass Spectrometry, Quantitative Analysis, Separation Science or Spectroscopic Analysis) and one three-semester credit hour (or equivalent) college-level courses in interpretive science. (Biochemistry, Drug Metabolism, Forensic Toxicology, Medicinal Chemistry, Pharmacology, Physiology, or Toxicology).
(D) An applicant for a toxicology license for any of the categories outlined in subparagraphs (A) - (C) of this paragraph must have a three-semester credit hour (or equivalent) college-level statistics course from an accredited university or a program approved by the Commission.
(3) DNA Analyst. An applicant for a Forensic Analyst License in DNA analysis must demonstrate he/she has fulfilled the specific requirements of the Federal Bureau of Investigation's Quality Assurance Standards for Forensic DNA Testing effective September 1, 2011. An applicant must also have a three-semester credit hour (or equivalent) college-level statistics course from an accredited university or a program approved by the Commission.
(4) Firearm/Toolmark Analyst. An applicant must have a three-semester credit hour (or equivalent) college-level statistics course from an accredited university or a program approved by the Commission. No other specific college-level coursework is required.
(5) Materials (Trace) Analyst. An applicant for a Forensic Analyst License in materials (trace) for one or more of the chemical analysis categories of analysis (chemical determination, physical/chemical comparison, gunshot residue analysis, and fire debris and explosives analysis) must have a minimum of sixteen-semester credit hours (or equivalent) in college-level chemistry coursework above general coursework from an accredited university. In addition to chemistry coursework for the chemical analysis categories, all materials (trace) license applicants must also have a three-semester credit hour (or equivalent) college-level statistics course from an accredited university or a program approved by the Commission. An applicant for a Forensic Analyst License in materials (trace) limited to impression evidence is not required to fulfill any specific college-level coursework requirements other than the statistics requirement.
(6) Exemptions from specific coursework requirements. The following categories of licenses are exempted from coursework requirements:
(A) An applicant for the technician license category of any forensic discipline set forth in this subchapter is not required to fulfill any specific college-level coursework requirements.
(B) An applicant for a Forensic Analyst License limited to forensic biology screening, nucleic acids other than human DNA and/or Forensic Biology Technician is not required to fulfill the Federal Bureau of Investigation's Quality Assurance Standards for Forensic DNA Testing or any other specific college-level coursework requirements.
(f) Requirements Specific to Forensic Science Degree Programs. For a forensic science degree to meet the Minimum Education Requirements set forth in this section, the forensic science degree program must be either accredited by the Forensic Science Education Programs Accreditation Commission (FEPAC) or if not accredited by FEPAC, it must meet the minimum curriculum requirements pertaining to natural science core courses and specialized science courses set forth in the FEPAC Accreditation Standards.
(g) Waiver of Specific Coursework Requirements and/or Minimum Education Requirements for Lateral Hires, Promoting Analysts and Current Employees. Specific coursework requirements and minimum education requirements are considered an integral part of the licensing process; all applicants are expected to meet the requirements of the forensic discipline(s) for which they are applying or to offer sufficient evidence of their qualifications as described below in the absence of specific coursework requirements or minimum education requirements. The Commission Director or Designee may waive one or more of the specific coursework requirements or minimum education requirements outlined in this section for an applicant who:
(1) has five or more years of credible experience in an accredited laboratory in the forensic discipline for which he or she seeks licensure; or
(2) is certified by one or more of the following nationally recognized certification bodies in the forensic discipline for which he or she seeks licensure;
(A) The American Board of Forensic Toxicology;
(B) The American Board of Clinical Chemistry;
(C) The American Board of Criminalistics;
(D) The International Association for Identification; or
(E) The Association of Firearm and Toolmark Examiners; and
(3) provides written documentation of laboratory-sponsored training in the subject matter areas addressed by the specific coursework requirements.
(4) An applicant must request a waiver of specific coursework requirements and/or minimum education requirements at the time the application is filed.
(5) An applicant requesting a waiver from specific coursework requirements and/or minimum education requirements shall file any additional information needed to substantiate the eligibility for the waiver with the application. The Commission Director or Designee shall review all elements of the application to evaluate waiver request(s) and shall grant a waiver(s) to qualified applicants.
(h) General Forensic Analyst Licensing Exam Requirement.
(1) Exam Requirement. An applicant for a Forensic Analyst License must pass the General Forensic Analyst Licensing Exam administered by the Commission.
(A) An applicant is required to take and pass the General Forensic Analyst Licensing Exam one time.
(B) An applicant may take the General Forensic Analyst Licensing Exam no more than three times. If an applicant fails the General Forensic Analyst Licensing Exam or the Modified General Forensic Analyst Licensing Exam three times, the applicant has thirty (30) days from the date the applicant receives notice of the failure to request special dispensation from the Commission as described in subparagraph (C) of this paragraph. Where special dispensation is granted, the applicant has 90 days from the date he or she receives notice the request for exam is granted to successfully complete the exam requirement. However, for good cause shown, the Commission or its Designee at its discretion may waive this limitation.
(C) Requests for Exam. If an applicant fails the General Forensic Analyst Licensing Exam or Modified General Forensic Analyst Licensing Exam three times, the applicant must request in writing special dispensation from the Commission to take the exam more than three times. Applicants may submit a letter of support from their laboratory director or licensing representative and any other supporting documentation supplemental to the written request.
(D) If an applicant sits for the General Forensic Analyst Licensing Exam or the Modified General Forensic Analyst Licensing Exam more than three times, the applicant must pay a $50 exam fee each additional time the applicant sits for the exam beyond the three initial attempts.
(E) Expiration of Provisional License if Special Dispensation Exam Unsuccessful. If the 90-day period during which special dispensation is granted expires before the applicant successfully completes the exam requirement, the applicant's provisional license expires.
(2) Modified General Forensic Analyst Licensing Exam. Technicians in any discipline set forth in this subchapter may fulfill the General Forensic Analyst Licensing Exam requirement by taking a modified exam administered by the Commission.
(3) Examination Requirements for Promoting Technicians. If a technician passes the modified General Forensic Analyst Licensing Exam and later seeks a full Forensic Analyst License, the applicant must complete the portions of the General Forensic Analyst Exam that were not tested on the modified exam.
(4) Credit for Pilot Exam. If an individual passes the Pilot General Forensic Analyst Licensing Exam, regardless of his or her eligibility status for a Forensic Analyst License at the time the exam is taken, the candidate has fulfilled the General Forensic Analyst Licensing Exam Requirement of this section should he or she later become subject to the licensing requirements and eligible for a Forensic Analyst License.
(5) Eligibility for General Forensic Analyst Licensing Exam and Modified General Forensic Analyst Licensing Exam.
(A) Candidates for the General Forensic Analyst Licensing Exam and Modified General Forensic Analyst Licensing Exam must be employees of a crime laboratory accredited under Texas law or employed by an agency rendering them eligible for a voluntary license under §651.222 (Voluntary Forensic Analyst Licensing Requirements Including Eligibility, License Term, Fee and Procedure for Denial of Initial Application or Renewal Application and Reconsideration) of this subchapter to be eligible to take the exam.
(B) Student Examinee Exception. A student is eligible for the General Forensic Analyst Licensing Exam one time if the student:
(i) is currently enrolled in an accredited university as defined in §651.202 of this subchapter (relating to Definitions);
(ii) has completed sufficient coursework to be within 24 semester hours of completing the requirements for graduation at the accredited university at which the student is enrolled; and
(iii) designates an official university representative who will proctor and administer the exam at the university for the student.
(C) Crime Laboratory Management and Unaccredited Forensic Discipline Exception. An Employee of a crime laboratory accredited under Texas law who is either part of the crime laboratory's administration or management team or authorized for independent casework in a forensic discipline listed below is eligible for the General Forensic Analyst Licensing Exam and Modified General Forensic Analyst Licensing Exam:
(i) forensic anthropology;
(ii) the location, identification, collection or preservation of physical evidence at a crime scene;
(iii) crime scene reconstruction;
(iv) latent print processing or examination;
(v) digital evidence (including computer forensics, audio, or imaging);
(vi) breath specimen testing under Transportation Code, Chapter 724, limited to analysts who perform breath alcohol calibrations; and
(vii) document examination, including document authentication, physical comparison, and product determination.
(i) Proficiency Monitoring Requirement.
(1) An applicant must demonstrate participation in the employing laboratory's process for intra-laboratory comparison, inter-laboratory comparison, proficiency testing, or observation-based performance monitoring requirements in compliance with and on the timeline set forth by the laboratory's accrediting body's proficiency monitoring requirements as applicable to the Forensic Analyst or Forensic Technician's specific forensic discipline and job duties.
(2) A signed certification by the laboratory's authorized representative that the applicant has satisfied the applicable proficiency monitoring requirements, including any intra-laboratory comparison, inter-laboratory comparison, proficiency testing, or observation-based performance monitoring requirements of the laboratory's accrediting body as of the date of the analyst's application, must be provided on the Proficiency Monitoring Certification form provided by the Commission. The licensee's authorized representative must designate the specific forensic discipline in which the Forensic Analyst or Forensic Technician actively performs forensic casework or is currently authorized to perform supervised or independent casework by the laboratory or employing entity.
(j) Mandatory Legal and Professional Responsibility Course:
(1) All Forensic Analyst and Forensic Technician License applicants must complete the current Commission-sponsored mandatory legal and professional responsibility update at the time of their application or demonstrate that they have taken the training within the 12-month period preceding the date of their application.
(2) Mandatory legal and professional responsibility training topics may include training on current and past criminal forensic legal issues, professional responsibility and human factors, courtroom testimony, disclosure and discovery requirements under state and federal law, and other relevant topics as designated by the Commission.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on December 6, 2024.
TRD-202405895
Leigh Marie Tomlin
Associate General Counsel
Texas Forensic Science Commission
Earliest possible date of adoption: January 19, 2025
For further information, please call: (512) 936-0661
The Texas Forensic Science Commission (Commission) proposes the repeal of 37 Texas Administrative Code §651.402.
Background and Justification. This repeal makes a non-substantive edit to change the section's number to §651.401. The current numbering of the subchapter begins with §651.402 and should begin with §651.401. The Commission will repropose the rule with the correct number-651.401 in a separate rulemaking.
Fiscal Impact on State and Local Government. Leigh M. Tomlin, Associate General Counsel of the Texas Forensic Science Commission, has determined that for each year of the first five years the repeal will be in effect, there will be no fiscal impact to state or local governments as a result of the repeal.
Local Employment Impact Statement. The repeal has no effect on local economy; therefore, no local employment impact statement is required under Texas Government Code §2001.022.
Probable Economic Costs to Persons Required to Comply with Proposal. The repeal does not impose a cost on regulated persons, another state agency, a special district, or a local government and, therefore, is not subject to Texas Government Code §2001.0045.
Public Benefit. Ms. Tomlin has also determined that for each year of the first five years the repeal is in effect, the anticipated public benefit includes the correct numbering of the sections of the rules.
Fiscal Impact on Small and Micro-businesses and Rural Communities. There is no adverse economic effect anticipated for small businesses, micro-businesses, or rural communities as a result of the repeal. Accordingly, no economic impact statement or regulatory flexibility analysis is required under Texas Government Code §2006.002(c).
Takings Impact Assessment. Ms. Tomlin has determined that no private real property interests are affected by this repeal and that this repeal does not restrict or limit an owner's right to property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking or require a takings impact assessment under the Government Code §2007.043.
Environmental Rule Analysis. Ms. Tomlin has determined that the proposed repeal is not brought with the specific intent to protect the environment or reduce risks to human health from environmental exposure; thus, the Commission asserts that this proposed rule is not a "major environmental rule," and defined by Government Code § 2001.0225. As a result, the Commission asserts that the preparation of an environmental impact analysis, as provided by Government Code §2001.0225, is not required.
Government Growth Impact Statement. Ms. Tomlin has determined that for the first five-year period, implementation of the repeal will have no government growth impact as described in Title 34, Part 1, Texas Administrative Code §11.1. Pursuant to the analysis required by Government Code 2001.221(b): 1) the repeal does not create or eliminate a government program; 2) implementation of the repeal does not require the creation of new employee positions or the elimination of existing employee positions; 3) implementation of the repeal does not increase or decrease future legislative appropriations to the agency; 4) the repeal does not require a fee; 5) the repeal does not create a new regulation; 6) the repeal does not increase the number of individual's subject to regulation; and 7) the repeal has a neutral effect on the state's economy.
Request for Public Comment. The Commission invites comments on the repeal from any member of the public. Please submit comments to Leigh M. Tomlin, 1700 North Congress Avenue, Suite 445, Austin, Texas 78701 or leigh@fsc.texas.gov. Comments must be received by January 24, 2025 to be considered by the Commission.
Statutory Authority. The repeal is made in accordance with the Commission's 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. This rulemaking is also proposed under Texas Government Code Section 2001.003(6)(B), which defines "rule" to include repeals.
§651.402.Notice and Hearing Request.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on December 6, 2024.
TRD-202405897
Leigh Marie Tomlin
Associate General Counsel
Texas Forensic Science Commission
Earliest possible date of adoption: January 19, 2025
For further information, please call: (512) 936-0661