TX Code Crim Pro § 4 (2021)
2021 Texas Statutes|Code of Criminal Procedure|Title 1 - Code of Criminal Procedure|Chapter 38 - Evidence in Criminal Actions|Article 38.01. Texas Forensic Science Commission|Section 4. Duties

Sec. 4.  DUTIES.  (a)  The commission shall:(1)  develop and implement a reporting system through which a crime laboratory may report professional negligence or professional misconduct;(2)  require a crime laboratory that conducts forensic analyses to report professional negligence or professional misconduct to the commission; and(3)  investigate, in a timely manner, any allegation of professional negligence or professional misconduct that would substantially affect the integrity of:(A)  the results of a forensic analysis conducted by a crime laboratory;(B)  an examination or test that is conducted by a crime laboratory and that is a forensic examination or test not subject to accreditation; or(C)  testimony related to an analysis, examination, or test described by Paragraph (A) or (B).(a-1)  The commission may initiate an investigation of a forensic analysis or a forensic examination or test not subject to accreditation, without receiving a complaint submitted through the reporting system implemented under Subsection (a)(1), if the commission determines by a majority vote of a quorum of the members of the commission that an investigation of the analysis, examination, or test would advance the integrity and reliability of forensic science in this state.(b)  If the commission conducts an investigation under Subsection (a)(3) of a crime laboratory that is accredited under this article pursuant to an allegation of professional negligence or professional misconduct involving an accredited field of forensic science, the investigation:(1)  must include the preparation of a written report that identifies and also describes the methods and procedures used to identify:(A)  the alleged negligence or misconduct;(B)  whether negligence or misconduct occurred;(C)  any corrective action required of the laboratory, facility, or entity;(D)  observations of the commission regarding the integrity and reliability of the forensic analysis conducted;(E)  best practices identified by the commission during the course of the investigation; and(F)  other recommendations that are relevant, as determined by the commission; and(2)  may include one or more:(A)  retrospective reexaminations of other forensic analyses conducted by the laboratory, facility, or entity that may involve the same kind of negligence or misconduct; and(B)  follow-up evaluations of the laboratory, facility, or entity to review:(i)  the implementation of any corrective action required under Subdivision (1)(C); or(ii)  the conclusion of any retrospective reexamination under Paragraph (A).(b-1)  If the commission conducts an investigation under Subsection (a)(3) of a crime laboratory that is not accredited under this article or the investigation involves a forensic examination or test not subject to accreditation, the investigation may include the preparation of a written report that contains:(1)  observations of the commission regarding the integrity and reliability of the applicable analysis, examination, or test conducted;(2)  best practices identified by the commission during the course of the investigation; or(3)  other recommendations that are relevant, as determined by the commission.(b-2)  If the commission conducts an investigation of a forensic analysis under Subsection (a-1), the investigation must include the preparation of a written report that contains:(1)  observations of the commission regarding the integrity and reliability of the forensic analysis conducted;(2)  best practices identified by the commission during the course of the investigation; and(3)  other recommendations that are relevant, as determined by the commission.(c)  The commission by contract may delegate the duties described by Subsections (a)(1) and (3) and Sections 4-d(b)(1), (b-1), and (d) to any person the commission determines to be qualified to assume those duties.(d)  The commission may require that a crime laboratory investigated under this section pay any costs incurred to ensure compliance with Subsection (b), (b-1), or (b-2).(e)  The commission shall make all investigation reports completed under Subsection (b), (b-1), or (b-2) available to the public.  A report completed under Subsection (b), (b-1), or (b-2), in a subsequent civil or criminal proceeding, is not prima facie evidence of the information or findings contained in the report.(f)  The commission may not make a determination of whether professional negligence or professional misconduct occurred or issue a finding on that question in an investigation initiated under Subsection (a-1) or for which an investigation report may be prepared under Subsection (b-1).(g)  The commission may not issue a finding related to the guilt or innocence of a party in an underlying civil or criminal trial involving conduct investigated by the commission under this article.(h)  The commission may review and refer cases that are the subject of an investigation under Subsection (a)(3) or (a-1) to the office of capital and forensic writs in accordance with Section 78.054(b), Government Code.