PART 15. TEXAS FORENSIC SCIENCE COMMISSION
CHAPTER 651. DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES
The Texas Forensic Science Commission (Commission) adopts this rulemaking to 37 Texas Administrative Code Chapter 651 DNA, CODIS, Forensic Analysis, and Crime Laboratories, Subchapter A, Accreditation, amendments to §§651.3, 651.8, and 651.11; Subchapter B, Accreditation-Related Actions, amendments to §§651.101 - 651.104; new §651.105; and the repeal of Subchapter B, Accreditation-Related Actions and Procedure for Hearing and Appeal, §651.105 and §651.106; Subchapter C, Forensic Analyst Licensing Program, repeal of §651.216; Subchapter D, Procedure for Processing Complaints and Laboratory Self-Disclosures, amendments to §§651.305 - 651.308, the repeal of §651.309 and adopts new Subchapter E, Appeals, §651.402 without changes to the text as published in the December 1, 2023 issue of the Texas Register (48 TexReg 7020). The rules will not be republished.
Reasoned Justification for Rule Adoptions. Some changes are responsive to the 88th Legislature's passage of SB 991 and HB 3474, which clarify the Commission's existing appeals process to allow a crime laboratory to appeal the Judicial Branch Certification Commission's any determination that the laboratory has committed professional negligence or misconduct, or otherwise violated a rule or order of the Commission. Under the revised rules, both forensic analyst licensees and crime laboratories subject to the Commission's jurisdiction may appeal disciplinary actions, findings of professional negligence or professional misconduct or violations of the code of professional responsibility or rules or orders of the Commission to the Judicial Branch Certification Commission. Before the passage of SB 991 and HB 3474, the Code of Criminal Procedure only provided an appeals process for forensic analyst licensee disciplinary actions.
The rule adoption also makes other non-substantive edits to its accreditation rules that provide clarity to the Commission's process for initiating accreditation-related actions and that correspond with the changes to its appeals process, including clarification that the Commission may suspend the accreditation of a crime laboratory. These changes are in §§651.101 - 651.104. The rulemaking also provides that in investigations in which an investigation panel are deemed unnecessary, the Commission must instruct staff to conduct the investigation, a practice already in place by the Commission but clarified in this rule adoption. These changes are in §§651.305 - 651.308. This rulemaking further clarifies that the Commission's General Counsel may make recommendations to the Commission on the dismissal of certain complaints that fall outside the Commission's jurisdiction. These changes are in §§651.305 - 651.308. Finally, the rulemaking replaces the former process for stipulated agreements of appeals with a similar process for disposition by agreement. These changes are in §§651.305 - 651.308.
Public Comment. Pursuant to § 2001.029 of the Texas Government Code, the Commission gave all interested persons a reasonable opportunity to provide oral and/or written commentary concerning the adoption of the rules. The public comment period began on December 1, 2023 and ended on January 5, 2024. The Commission did not receive any comments from the public.
SUBCHAPTER A. ACCREDITATION
Statutory Authority. The rules are adopted under the Commission's general rulemaking authority provided in Code of Criminal Procedure, Article 38.01 § 3-a and its authority to investigate and regulate crime laboratories and forensic analysts under Article 38.01 §§ 4, 4-a, and 4-d. It also conforms to changes made by SB 991 and HB 3474.
Cross-reference to statute. The adoption affects Tex. Code Crim. Proc. art. 38.01.
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 February 5, 2024.
TRD-202400428
Leigh Tomlin
Associate General Counsel
Texas Forensic Science Commission
Effective date: February 25, 2024
Proposal publication date: December 1, 2023
For further information, please call: (512) 936-0661
Statutory Authority. The rules are adopted under the Commission's general rulemaking authority provided in Code of Criminal Procedure, Article 38.01 § 3-a and its authority to investigate and regulate crime laboratories and forensic analysts under Article 38.01 §§ 4, 4-a, and 4-d. It also conforms to changes made by SB 991 and HB 3474.
Cross-reference to statute. The adopted rules affects Tex. Code Crim. Proc. art. 38.01.
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 February 5, 2024.
TRD-202400429
Leigh Tomlin
Associate General Counsel
Texas Forensic Science Commission
Effective date: February 25, 2024
Proposal publication date: December 1, 2023
For further information, please call: (512) 936-0661
Statutory Authority. The repeals are adopted under the Commission's general rulemaking authority provided in Code of Criminal Procedure, Article 38.01 § 3-a and its authority to investigate and regulate crime laboratories and forensic analysts under Article 38.01 §§ 4, 4-a, and 4-d. It also conforms to changes made by SB 991 and HB 3474.
Cross-reference to statute. The adopted rules affect Tex. Code Crim. Proc. art. 38.01.
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 February 5, 2024.
TRD-202400430
Leigh Tomlin
Associate General Counsel
Texas Forensic Science Commission
Effective date: February 25, 2024
Proposal publication date: December 1, 2023
For further information, please call: (512) 936-0661
Statutory Authority. The rules are adopted under the Commission's general rulemaking authority provided in Code of Criminal Procedure, Article 38.01 § 3-a and its authority to investigate and regulate crime laboratories and forensic analysts under Article 38.01 §§ 4, 4-a, and 4-d. It also conforms to changes made by SB 991 and HB 3474.
Cross-reference to statute. The adoption affects Tex. Code Crim. Proc. art. 38.01.
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 February 5, 2024.
TRD-202400431
Leigh Tomlin
Associate General Counsel
Texas Forensic Science Commission
Effective date: February 25, 2024
Proposal publication date: December 1, 2023
For further information, please call: (512) 936-0661
Statutory Authority. The rules are adopted under the Commission's general rulemaking authority provided in Code of Criminal Procedure, Article 38.01 § 3-a and its authority to investigate and regulate crime laboratories and forensic analysts under Article 38.01 §§ 4, 4-a, and 4-d. It also conforms to changes made by SB 991 and HB 3474.
Cross-reference to statute. The adopted rules affect Tex. Code Crim. Proc. art. 38.01.
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 February 5, 2024.
TRD-202400432
Leigh Tomlin
Associate General Counsel
Texas Forensic Science Commission
Effective date: February 25, 2024
Proposal publication date: December 1, 2023
For further information, please call: (512) 936-0661
Statutory Authority. The repeal is adopted under the Commission’s general rulemaking authority provided in Code of Criminal Procedure, Article 38.01 § 3-a and its authority to investigate and regulate crime laboratories and forensic analysts under Article 38.01 §§ 4, 4-a, and 4-d. It also conforms to changes made by SB 991 and HB 3474.
Cross-reference to statute. The adopted rules affect Tex. Code Crim. Proc. art. 38.01.
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 February 5, 2024.
TRD-202400433
Leigh Tomlin
Associate General Counsel
Texas Forensic Science Commission
Effective date: February 25, 2024
Proposal publication date: December 1, 2023
For further information, please call: (512) 936-0661
Statutory Authority. The rules are adopted under the Commission's general rulemaking authority provided in Code of Criminal Procedure, Article 38.01 § 3-a and its authority to investigate and regulate crime laboratories and forensic analysts under Article 38.01 §§ 4, 4-a, and 4-d. It also conforms to changes made by SB 991 and HB 3474.
Cross-reference to statute. The adopted rules affects Tex. Code Crim. Proc. art. 38.01.
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 February 5, 2024.
TRD-202400434
Leigh Tomlin
Associate General Counsel
Texas Forensic Science Commission
Effective date: February 25, 2024
Proposal publication date: December 1, 2023
For further information, please call: (512) 936-0661