<<Prev Rule

Texas Administrative Code

Next Rule>>
TITLE 37PUBLIC SAFETY AND CORRECTIONS
PART 15TEXAS FORENSIC SCIENCE COMMISSION
CHAPTER 651DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES
SUBCHAPTER DPROCEDURE FOR PROCESSING COMPLAINTS AND LABORATORY SELF-DISCLOSURES
RULE §651.307Investigative Panels

(a) Panel procedure. After a quorum of Commissioners vote to conduct an investigation, the Commission's presiding officer shall nominate at least three members of the Commission to an Investigation Panel ("Panel") subject to the approval of a quorum of Commissioners, and the Investigation Panel shall elect one of the members as chair of the Panel.

(b) Panel investigation. A Panel shall coordinate any investigation voted upon by the Commission. The Panel initially shall specify the focus of the investigation, communicate with the entities or individuals involved in the investigation, and collect any appropriate records. The Panel also may initiate contact with any governmental agency, individual or entity to inquire about assistance in a full investigation. The Panel may:

  (1) collect and review appropriate documents as necessary;

  (2) conduct interviews with appropriate individuals;

  (3) issue notification of results or refer the case to a governmental or other relevant agency or accrediting body, pursuant to a written communication, memorandum of understanding or other appropriate agreement between the agencies;

  (4) contract with a subject matter expert if needed; or

  (5) take such other action as appropriate.

(c) Limitation on panel meetings held by telephone. Commission Panels may meet by telephone for information-gathering purposes only. However, all deliberative discussions by Panels shall be held in open, public meetings in accordance with the Texas Open Meetings Act.

(d) Referral of investigative cases to the Office of Capital and Forensic Writs. The Commission may review and refer cases that are the subject of an investigation under §651.301(a) or (b) of this subchapter to the Office of Capital and Forensic Writs in accordance with Section 78.054(b), Government Code.

  (1) General procedure for referral to the Office of Capital and Forensic Writs. A majority of a quorum of Commissioners may recommend referral of a case accepted for investigation by the Commission under §651.301(a) or (b) of this subchapter (relating to Purpose) to the Office of Capital and Forensic Writs.

  (2) Written referral and corresponding documents. The Commission Presiding Officer or Designee shall provide each recommended case referral in writing, including all documents in the Commission's possession related to the case and any investigative report issued, to the Office of Capital and Forensic Writs Director or Designee for determination regarding potential legal representation no later than ten (10) business days from the date the Commission recommends referral.


Source Note: The provisions of this §651.307 adopted to be effective January 30, 2018, 43 TexReg 473; amended to be effective April 5, 2020, 45 TexReg 2320

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page