Texas Administrative Code

Texas Administrative Code

TITLE 37	PUBLIC SAFETY AND CORRECTIONS
PART 15	TEXAS FORENSIC SCIENCE COMMISSION
CHAPTER 651	DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES
SUBCHAPTER C	FORENSIC ANALYST LICENSING PROGRAM
RULE §651.211	Temporary Forensic Analyst License

(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, 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.

Source Note: The provisions of this §651.211 adopted to be effective May 16, 2018, 43 TexReg 3106; amended to be effective July 23, 2023, 48 TexReg 3994