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RULE §19.1Definitions

The following words and phrases, when used in this chapter, shall have the meanings as detailed in this section, unless the context shall clearly indicate otherwise.

  (1) Alcohol--Ethyl alcohol, sometimes referred to as grain alcohol or ethanol.

  (2) Approval--Meeting and maintaining the requirements set forth in this subchapter for approval.

  (3) Approved course of instruction--A school, college, agency, institution, or laboratory meeting the requirements stated in §19.6 of this title (relating to Approval of Courses of Instruction).

  (4) Breath alcohol test (breath alcohol analysis)--The analysis of a subject's breath specimen(s) to determine the alcohol concentration(s) thereof.

  (5) Certification--Meeting and maintaining the requirements set forth in this subchapter for certification.

  (6) Certified operator--An individual meeting and maintaining the requirements stated in §19.4 of this title (relating to Operator Certification).

  (7) Conviction--An adjudicated verdict of guilty or an order of deferred adjudication by a court of competent jurisdiction.

  (8) Department--The unmodified word "department" in this subchapter refers to the Texas Department of Public Safety.

  (9) Inactivation--The voluntary or temporary discontinuance of certification.

  (10) Instrument(s)--The device(s) which measure or quantitate the breath alcohol concentration pursuant to §19.2 of this title (relating to Instrument Certification).

  (11) Office of the Scientific Director (OSD)--The scientific director and his staff.

  (12) Proficiency test--A method of evaluation at the direction of a technical supervisor or designated representative of the scientific director by which the knowledge, skills, and abilities of an operator to operate breath alcohol testing equipment can be assessed.

  (13) Public information and demonstration--The public display and exhibition of certified evidential breath testing equipment.

  (14) Recertification--A process to make certification current.

  (15) Reference system--The equipment designed to input any combination of reference material(s) or standard(s) with a known quantity into an instrument for analysis as a measurement standard.

  (16) Renewal of current certification--The continuance of active certification by meeting the requirements stated in §19.4(b) of this title (relating to Operator Certification).

  (17) Reports and records--The data and documents pertinent to this subchapter.

  (18) Scientific director--The individual or his designee responsible for the implementation, administration and enforcement of the Texas breath alcohol testing regulations.

  (19) Security--The safeguard of certified instruments at testing locations.

  (20) Site location--The physical site of the breath alcohol testing instrument and associated equipment.

  (21) Suspension--The termination or revocation of certification.

  (22) Technical supervisor and technical supervision--An individual meeting the minimum requirements set forth in §19.5 of this title (relating to Technical Supervisor Certification) and the responsibilities of such.

Source Note: The provisions of this §19.1 adopted to be effective March 26, 2006, 31 TexReg 2189; amended to be effective June 26, 2013, 38 TexReg 3988; amended to be effective January 12, 2015, 40 TexReg 250

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