The following words and terms, when used in this subchapter,
shall have the following meanings, unless the context clearly indicates
otherwise.
(1) Environmental testing--An analysis by a laboratory
conducted for the purpose of determining the chemical, molecular,
carcinogenic, radioactive, or pathogenic components of air, water,
soil, or other environmental media for use in an administrative, civil,
or criminal matter.
(2) Forensic analysis--Has the meaning assigned by
Code of Criminal Procedure, Article 38.35. The term does not include:
(A) latent print examination;
(B) a test of a specimen of breath under Chapter 724,
Transportation Code;
(C) digital evidence;
(D) an examination or test excluded by rule under Article
38.01;
(E) a presumptive test performed for the purposes of
determining compliance with a term or condition of community supervision
or parole and conducted by or under contract with a community supervision
and corrections department, the parole division of the Texas Department
of Criminal Justice, or the Board of Pardons and Paroles; or
(F) an expert examination or test conducted principally
for the purpose of scientific research, medical practice, civil or
administrative litigation, or other purpose unrelated to determining
the connection of physical evidence to a criminal action.
(3) Forensic pathology--Includes that portion of an
autopsy conducted by a medical examiner or other forensic pathologist
who is a licensed physician.
(4) Crime Laboratory--Includes a public or private
laboratory or other entity that conducts forensic analysis as set
forth in Article 38.35, Code of Criminal Procedure. The term includes
a forensic DNA laboratory and a CODIS user laboratory.
(5) Physical evidence--Has the meaning assigned by
Article 38.35, Code of Criminal Procedure.
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| Source Note: The provisions of this §651.2 adopted to be effective June 1, 2010, 35 TexReg 4438; transferred effective September 1, 2015, as published in the Texas Register July 31, 2015, 40 TexReg 4907; amended to be effective October 8, 2017, 42 TexReg 5489 |
