|(a) Application. A laboratory may apply to the Commission
for a license under this section on a form provided by the Commission.
The Commission's Licensing Advisory Committee, and/or the Commission
Director or Designee shall review each application and make a determination
regarding whether to grant a laboratory license under this section
where the laboratory demonstrates:
(1) a Texas customer requests a type of forensic analysis
that is not widely available in accredited forensic laboratories;
(2) the request is necessary to ensure the availability
of timely forensic analyses in counties for which access to forensic
analyses is limited.
(b) Uncommon Forensic Analysis License for Individual
Analysts and Technicians. All forensic analysts and technicians employed
by a laboratory determined by the Commission's Licensing Advisory
Committee, and/or the Commission Director or Designee to meet the
criteria for a license under this section shall be licensed upon fulfillment
of the following requirements of the licensed laboratory:
(1) submit to Commission staff a list of the names
of each individual analyst or technician to be licensed indicating
the forensic discipline(s) for which each analyst or technician is
qualified to perform independent casework; and
(2) certify on a form provided by the Commission that
each individual named:
(A) has read and understands the Code of Professional
Responsibility in this subchapter;
(B) has completed all training materials related to Brady v. Maryland discovery obligations
and the Michael Morton Act (Code of Criminal Procedure, Article 39.14)
as provided by the Commission; and
(C) has participated in the Mandatory Legal and Professional
Responsibility Training described in 651.208(e)(1) - (2) of this subchapter
(relating to Forensic Analyst and Forensic Technician License Renewal).
(c) Disclosures Required by Uncommon Forensic Analyses,
Timeliness of Forensic Analyses, and/or Service to Counties with Limited
Access to Forensic Analysis Licensed Laboratories. Laboratories licensed
under this section must comply with all disclosure obligations required
under this chapter.
(d) License Term. A laboratory license and corresponding
licenses granted under this section shall expire two (2) years from
the date of issuance.
(e) Fees. A laboratory licensed under this section
must pay the requisite license fee for uncommon forensic analyses
for all of the laboratory's licensed forensic analysts and technicians
as set forth in this subchapter.