This section describes a discipline, category of analysis,
or procedure that is excluded from the definition of forensic analysis
or otherwise expressly exempted from accreditation by Article 38.35,
Code of Criminal Procedure. No license is required for the following
disciplines:
(1) latent print examination;
(2) breath specimen testing under Transportation Code,
Chapter 724;
(3) digital evidence (including but not limited to
computer forensics, audio, or imaging);
(4) an examination or test excluded by rule under Article
38.01 §4-d(c), Code of Criminal Procedure and set forth in Chapter
651, Subchapter A of this title;
(5) 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;
(6) 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; or
(7) the portion of an autopsy conducted by a medical
examiner or other forensic pathologist who is a licensed physician.
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