| (a) Issuance. The Commission may issue a temporary
Forensic Analyst License.
(b) Eligibility. An individual who performs forensic
analysis primarily for non-Texas cases may apply to the Commission
for a temporary Forensic Analyst License for forensic analysis related
to a criminal action as that term is defined in Article 38.35 of the
Texas Code of Criminal Procedure.
(c) Applications for Temporary License for More than
One Criminal Action. An applicant may apply for a temporary Forensic
Analyst License for each criminal action for which he or she is retained
to perform forensic analysis.
(d) Multiple Defendants for Same Criminal Action. An
applicant for a temporary Forensic Analyst License is not required
to apply for more than one temporary license for the forensic analysis
performed in criminal actions for which multiple defendants may be
charged for a criminal offense or offenses related to the same event.
(e) Application. An applicant for a temporary Forensic
Analyst License shall complete and submit to the Commission a current
temporary Forensic Analyst License Application form, pay the required
fee, and submit a signed statement on a form to be provided by the
Commission stating the individual is employed by a crime laboratory
that is accredited by a national accrediting body recognized by the
Commission and regularly performs proficiency testing in accordance
with the employing laboratory's accreditation requirements.
(f) Description of Forensic Analysis for Which the
Temporary Forensic Analyst License is Requested. An applicant for
a temporary Forensic Analyst License shall describe the circumstances
of the criminal action for which the temporary Forensic Analyst License
is being requested.
(g) Description of Temporary Nature of Analysis. An
applicant for a Temporary Forensic Analyst License shall state the
reasons why the applicant's forensic analysis in Texas cases is a
de minimis component of the applicant's overall forensic casework.
(h) Affidavit of Good Standing from Laboratory. An
applicant for a Temporary Forensic Analyst License must submit an
affidavit of good standing from the laboratory where the analyst is
currently employed.
(i) Temporary License Term. A temporary Forensic Analyst
License is granted for a period of three years from the date of issuance.
(j) Temporary License Extension. If the criminal action
for which the temporary Forensic Analyst License was originally granted
has not yet been resolved upon the expiration of three years from
the date the license was granted, the temporary licensee may apply
to the Commission to extend the license for a supplemental one-year
term or terms.
(k) Temporary License Limitations. A temporary Forensic
Analyst License does not apply to any criminal action other than those
offenses related to the criminal action for which the temporary license
was granted.
(l) Scope of Temporary License. A temporarily licensed
forensic analyst may technically review or perform forensic analysis
or draw conclusions from or interpret a forensic analysis for a court
or crime laboratory to the extent a fully licensed forensic analyst
may perform these duties.
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