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 › Section 651.211 - Temporary Forensic Analyst License

Current through Reg. 49, No. 28; July 12, 2024
(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.