2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 38 - Evidence in Criminal Actions › Article 38.20. Photograph and Live Lineup Identification Procedures › Section 3.

Sec. 3.  (a)  Each law enforcement agency shall adopt, implement, and as necessary amend a detailed written policy regarding the administration of photograph and live lineup identification procedures in accordance with this article.  A law enforcement agency may adopt:
(1)  the model policy adopted under Subsection (b); or
(2)  the agency's own policy that, at a minimum, conforms to the requirements of Subsection (c).
(b)  The institute, in consultation with large, medium, and small law enforcement agencies and with law enforcement associations, scientific experts in eyewitness memory research, and appropriate organizations engaged in the development of law enforcement policy, shall develop, adopt, and disseminate to all law enforcement agencies in this state a model policy and associated training materials regarding the administration of photograph and live lineup identification procedures.  The institute shall provide for a period of public comment before adopting the policy and materials.
(c)  The model policy or any other policy adopted by a law enforcement agency under Subsection (a) must:
(1)  be based on:
(A)  credible field, academic, or laboratory research on eyewitness memory;
(B)  relevant policies, guidelines, and best practices designed to reduce erroneous eyewitness identifications and to enhance the reliability and objectivity of eyewitness identifications; and
(C)  other relevant information as appropriate; and
(2)  include the following information regarding evidence-based practices:
(A)  procedures for selecting photograph and live lineup filler photographs or participants to ensure that the photographs or participants:
(i)  are consistent in appearance with the description of the alleged perpetrator; and
(ii)  do not make the suspect noticeably stand out;
(B)  instructions given to a witness before conducting a photograph or live lineup identification procedure that must include a statement that the person who committed the offense may or may not be present in the procedure;
(C)  procedures for documenting and preserving the results of a photograph or live lineup identification procedure, including the documentation of witness statements, regardless of the outcome of the procedure;
(D)  procedures for administering a photograph or live lineup identification procedure to an illiterate person or a person with limited English language proficiency;
(E)  for a live lineup identification procedure, if practicable, procedures for assigning an administrator who is unaware of which member of the live lineup is the suspect in the case or alternative procedures designed to prevent opportunities to influence the witness;
(F)  for a photograph identification procedure, procedures for assigning an administrator who is capable of administering a photograph array in a blind manner or in a manner consistent with other proven or supported best practices designed to prevent opportunities to influence the witness; and
(G)  any other procedures or best practices supported by credible research or commonly accepted as a means to reduce erroneous eyewitness identifications and to enhance the objectivity and reliability of eyewitness identifications.
(d)  A witness who makes an identification based on a photograph or live lineup identification procedure shall be asked immediately after the procedure to state, in the witness's own words, how confident the witness is in making the identification.  A law enforcement agency shall document in accordance with Subsection (c)(2)(C) any statement made under this subsection.