PART 15. TEXAS FORENSIC SCIENCE COMMISSION
CHAPTER 651. DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES
SUBCHAPTER A. ACCREDITATION
The Texas Forensic Science Commission (Commission) adopts an amendment to rule 37 Texas Administrative Code §651.7 without changes to the text as published in the February 16, 2024, issue of the Texas Register (49 TexReg 843) to exempt from accreditation requirements any College of American Pathologist (CAP)-accredited testing or Substance Abuse and Mental Health Services Administration of the Department of Health and Human Services (SAMHSA/HHS)-certified testing limited to analysis of urine testing. The exemption is limited to testing for approved classes of drugs on human specimens conducted by or under contract with a community supervision or corrections department of a county or municipality, the parole division of the Texas Department of Criminal Justice, the Board of Pardons and Paroles, or any other government agency. The results of such testing are subsequently entered into evidence in an action to revise or revoke the terms of an individual's bail, bond, community supervision, or parole. The amendments are necessary to reflect a rule adoption made by the Commission at its April 26, 2024 quarterly meeting.
Reasoned Justification for Rule. The current exemption in §651.7(a)(17) does not expressly include bail or bond testing on human specimens conducted by or under contract with a community supervision or corrections department of a county or municipality, the parole division of the Texas Department of Criminal Justice, the Board of Pardons and Paroles, or any other governmental agency where the results of such testing are subsequently entered into evidence in an action to revise or revoke terms of probation or parole. The current rule only states that the exemption applies to community supervision or parole. The current rule does not state that the rule exemption applies to scenarios where such testing is used for pretrial diversion or intervention purposes. The rule amendments clarify for criminal justice stakeholders that the exemption applies in the context of pretrial diversion or intervention, too, which was the original intent of the rulemaking.
Summary of Comments. The public comment period on the rule proposal began on February 16, 2023 and ended on March 18, 2024. No comments were received.
Statutory Authority. The amendments are made in accordance with the Commission's accreditation authority under Code of Criminal Procedure, Art. 38.35(a)(4)(D), which addresses examinations or tests that do not fall within the definition of forensic analysis, and 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.
Cross reference to statute. Code of Criminal Procedure Art. 38.01 and Code of Criminal Procedure, Art. 38.35(a)(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 May 1, 2024.
TRD-202401934
Leigh Tomlin
Associate General Counsel
Texas Forensic Science Commission
Effective date: May 21, 2024
Proposal publication date: February 16, 2024
For further information, please call: (512) 936-0661