|(a) The Office of the Scientific Director, Breath Alcohol
Testing Program, Texas Department of Public Safety (hereinafter referred
to as the scientific director) shall approve and certify all breath
alcohol testing instruments to be used for evidential purposes.
(1) The scientific director will establish and maintain
a list of approved instruments by manufacturer brand or model designation
for use in the state.
(2) A manufacturer or designated representative desiring
approval of an instrument not on the approved list may submit an instrument
to the scientific director. Examination and evaluation of the instrument
to determine if it meets the criteria for approval or certification
as an evidential instrument will be done at the discretion of the
scientific director. Costs associated with such a submission will
be done at the expense of the submitting entity.
(b) In order to be approved each instrument must meet
the criteria as detailed in this subsection:
(1) Expired breath specimens shall be analyzed.
(2) The instrument shall incorporate a reference system,
the result of which must agree within plus or minus 0.01g/210L of
the nominal value or such limits as set by the scientific director.
(3) The specificity of the procedure shall be adequate
and appropriate for the analyses of breath specimens for the determination
of alcohol concentration for law enforcement.
(4) Any other tests deemed necessary by the scientific
director to correctly and adequately evaluate the instrument to give
correct results in routine breath alcohol testing and be practical
and reliable for law enforcement purposes.
(c) Upon proof of compliance with subsection (b) of
this section the instrument will be placed on the list of approved
(1) Inclusion on the scientific director's list of
approved instruments will verify that the instrument by manufacturer
brand or model designation meets the criteria of subsection (b) of
(2) The scientific director may, for cause, rescind
approval of and remove an instrument by manufacturer brand or model
designation from the approved list.
(d) The technical supervisor shall determine if a specific
instrument by serial number is of the same manufacturer brand or model
designation as is shown on the scientific director's approved list
and meets the criteria for certification as stated in subsection (b)(2)
of this section and when required, shall provide direct testimony
or affidavit of this information.
(e) The scientific director, or a designated representative
or technical supervisor, may, for cause, remove a specific instrument
by serial number from evidential testing and withdraw certification
(f) Certified evidential instruments should not ordinarily
be used for public information programs. Individuals with appropriate
breath alcohol testing technical expertise, such as a certified technical
supervisor, should disseminate this type of public information.
|Source Note: The provisions of this §19.2 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