reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 13 - TEXAS COMMISSION ON FIRE PROTECTION › Chapter 493 - VOLUNTARY REGULATION OF FEDERAL AGENCIES AND FEDERAL FIRE FIGHTERS › Section 493.5 - Notification

Current through Reg. 49, No. 28; July 12, 2024
If the applicant meets the requirements of the Texas
				  Government Code, §
									419.084,
				  the commission shall notify in writing the applying agency or federal fire
				  fighter of its decision. The applicant has one year from the date of
				  notification to comply with all regulations applicable to the components
				  elected by the applicant.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 13 - TEXAS COMMISSION ON FIRE PROTECTION › Chapter 495 - REGULATION OF NONGOVERNMENTAL DEPARTMENTS › Subchapter A - VOLUNTARY REGULATION OF NONGOVERNMENTAL DEPARTMENTS › Section 495.1 - Application Procedures

Current through Reg. 49, No. 28; July 12, 2024
A nongovernmental entity may apply to the commission for
					 voluntary regulation pursuant to the Texas Government Code, 419.085.A
					 nongovernmental entity seeking voluntary regulation shall inform the commission
					 in writing of its request and must provide the following documentation:
(1) a letter from the Texas Department of
				  Insurance verifying that the area protected constitutes a rating of one through
				  eight assigned by Insurance Services Organization;
(2) documentation from the United States
				  Census Bureau verifying the population of the protected area;
(3) written verification from the
				  administrative head of the department that the entity provides fire protection
				  to an unincorporated area; and
(4)
				  written documentation of the duties, responsibilities, and work schedules of
				  the fire protection personnel employed by the entity.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 13 - TEXAS COMMISSION ON FIRE PROTECTION › Chapter 495 - REGULATION OF NONGOVERNMENTAL DEPARTMENTS › Subchapter A - VOLUNTARY REGULATION OF NONGOVERNMENTAL DEPARTMENTS › Section 495.3 - Notification

Current through Reg. 49, No. 28; July 12, 2024
If the entity meets the requirements of the Texas
					 Government Code, §
										419.085,
					 the commission shall notify in writing the applying entity and the affected
					 fire protection employees of its decision. Once the entity has been notified,
					 the entity and affected employees have one year after notification to comply
					 with all rules and regulations applicable to fire protection
					 personnel.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 13 - TEXAS COMMISSION ON FIRE PROTECTION › Chapter 495 - REGULATION OF NONGOVERNMENTAL DEPARTMENTS › Subchapter A - VOLUNTARY REGULATION OF NONGOVERNMENTAL DEPARTMENTS › Section 495.5 - Nongovernmental Fire Protection Employees

Current through Reg. 49, No. 28; July 12, 2024
A full-time fire protection employee of a nongovernmental
					 entity that meets the requirements of the Texas Government Code, §
										419.085,
					 is eligible for certification under the same rules as full-time fire protection
					 personnel employed by local governments. Work experience at the nongovernmental
					 department meeting the requirements for voluntary regulation shall be
					 recognized toward certification.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 13 - TEXAS COMMISSION ON FIRE PROTECTION › Chapter 495 - REGULATION OF NONGOVERNMENTAL DEPARTMENTS › Subchapter B - REGULATION OF NONGOVERNMENTAL ORGANIZATIONS AND PERSONNEL › Section 495.201 - Nongovernmental Organizations

Current through Reg. 49, No. 28; July 12, 2024
An organization that is not a local governmental entity or
					 a department of a local government entity is subject to all rules and
					 regulations of the commission as if the organization were a local government
					 if:
(1) the organization provides fire
				  protection to a local governmental entity for profit under a contract or any
				  other agreement with the local governmental entity; and
(2) the organization would be a fire
				  department if the organization were a department of a local governmental
				  entity.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 13 - TEXAS COMMISSION ON FIRE PROTECTION › Chapter 495 - REGULATION OF NONGOVERNMENTAL DEPARTMENTS › Subchapter B - REGULATION OF NONGOVERNMENTAL ORGANIZATIONS AND PERSONNEL › Section 495.203 - Nongovernmental Organization Employees

Current through Reg. 49, No. 28; July 12, 2024
An employee of a nongovernmental organization that is
					 subject to regulation by the commission who would be a fire protection
					 personnel if employed by a local governmental entity is subject to all rules
					 and regulations of the commission pertaining to fire protection
					 personnel.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 13 - TEXAS COMMISSION ON FIRE PROTECTION › Chapter 495 - REGULATION OF NONGOVERNMENTAL DEPARTMENTS › Subchapter B - REGULATION OF NONGOVERNMENTAL ORGANIZATIONS AND PERSONNEL › Section 495.205 - Nongovernmental Personnel

Current through Reg. 49, No. 28; July 12, 2024
An individual that is not employed by a local governmental
					 entity is subject to all rules and regulations of the commission pertaining to
					 fire protection personnel if the individual would be a fire protection
					 personnel if the person was employed by a local governmental entity and:
(1) provides fire protection to a local
				  governmental entity under a contract or other agreement between the individual
				  and the local governmental entity; or
(2) provides fire protection to a local
				  governmental entity under a contract or other agreement between a governmental
				  entity and a nongovernmental organization regulated under §
										495.201
				  of this title (relating to Nongovernmental Organizations).
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 13 - TEXAS COMMISSION ON FIRE PROTECTION › Chapter 495 - REGULATION OF NONGOVERNMENTAL DEPARTMENTS › Subchapter B - REGULATION OF NONGOVERNMENTAL ORGANIZATIONS AND PERSONNEL › Section 495.207 - Regulation and Certification

Current through Reg. 49, No. 28; July 12, 2024
A nongovernmental organization that is subject to
					 regulation under this chapter on September 1, 1993, is subject to all rules and
					 regulations of the commission effective immediately.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 14 - INDEPENDENT OMBUDSMAN › Chapter 601 - INDEPENDENT OMBUDSMAN › Section 601.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, as used in this chapter, shall
				  have the following meanings unless the context clearly indicates
				  otherwise.
(1) Complaint--Any
				grievance or expression of dissatisfaction or concern regarding a matter within
				the jurisdiction of the Texas Juvenile Justice Department (TJJD).
(2) Life Threatening Situation--An allegation
				that contains specific information indicating a youth may be at substantial
				risk of personal injury, serious or irreparable harm, or death.
(3) Ombudsman--The Governor's official
				appointed to respond to complaints and inquiries from the public regarding the
				operations of the TJJD.
(4)
				Proponent--The TJJD staff responsible for a particular operational
				function.
(5) Public--Any person
				other than a TJJD employee or a youth under TJJD jurisdiction.
(6) Response--A letter, facsimile, e-mail, or
				telephone call that:
(A) acknowledges receipt
				of a complaint;
(B) provides
				preliminary information, if any is available;
(C) indicates actions are being taken;
				or
(D) provides information about
				the outcome of actions taken by TJJD.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 14 - INDEPENDENT OMBUDSMAN › Chapter 601 - INDEPENDENT OMBUDSMAN › Section 601.4 - General Information

Current through Reg. 49, No. 28; July 12, 2024
(a) The ombudsman
				shall create and maintain uniform policies and procedures for the Independent
				Ombudsman (IO).
(b) The ombudsman
				shall ensure compliance with IO policies and procedures by all IO
				staff.
(c) The ombudsman shall
				promote awareness of the following information among the public and youth
				committed to the Texas Juvenile Justice Department (TJJD):
(1) how the IO may be contacted;
(2) the purpose of the IO; and
(3) the services that the IO
				provides.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 14 - INDEPENDENT OMBUDSMAN › Chapter 601 - INDEPENDENT OMBUDSMAN › Section 601.8 - Complaints

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The purpose of this rule is to
				establish the process by which complaints may be filed with and handled by the
				Independent Ombudsman (IO).
(b)
				General Information.
(1) The name, mailing
				address, and phone number used for the purpose of directing complaints to the
				IO, and a link to the IO website shall be available on the Texas Juvenile
				Justice Department (TJJD) website, as well as on informational material
				distributed by the IO.
(A) IO staff shall
				process complaints from the public.
(B) IO staff shall conduct investigations of
				complaints if it is determined that the complaint is not alleging criminal
				behavior and:
(i) a youth committed to TJJD
				or the youth's family may be in need of assistance; or
(ii) a systemic issue in the TJJD provision
				of services is raised by the complaint.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 14 - INDEPENDENT OMBUDSMAN › Chapter 601 - INDEPENDENT OMBUDSMAN › Section 601.12 - Review and Inspection of Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				purpose of this section is to establish the process by which staff of the
				Independent Ombudsman (IO) inspect facilities operated by or under contract
				with the Texas Juvenile Justice Department (TJJD).
(b) All facilities operated by or under
				contract with TJJD shall be periodically inspected by the ombudsman or deputy
				ombudsman.
(c) Each facility shall
				be evaluated for its delivery of services to youth to ensure that the rights of
				youth are fully observed. Inspection of a facility shall include, but is not
				limited to:
(1) review of education services
				to ensure compliance with applicable TJJD policy and federal and state
				laws;
(2) review of facility
				security to ensure compliance with TJJD policy;
(3) review of the general treatment program
				administered to youth in the facility to ensure compliance with TJJD policy;
				and
(4) review of facility
				safety.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 14 - INDEPENDENT OMBUDSMAN › Chapter 601 - INDEPENDENT OMBUDSMAN › Section 601.15 - Reporting

Current through Reg. 49, No. 28; July 12, 2024
(a) The ombudsman shall submit on a quarterly
				basis to the governor, the lieutenant governor, the state auditor, and each
				member of the legislature a report that is both aggregated and disaggregated by
				individual facility and describes:
(1) the
				work of the ombudsman;
(2) the
				results of any review or investigation undertaken by the ombudsman, including
				reviews or investigation of services contracted by the Texas Juvenile Justice
				Department (TJJD); and
(3) any
				recommendations that the ombudsman has in relation to the duties of the
				ombudsman.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 14 - INDEPENDENT OMBUDSMAN › Chapter 601 - INDEPENDENT OMBUDSMAN › Section 601.19 - Texas Juvenile Justice Department Response to Ombudsman Reports

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The purpose of this section is
				to establish procedures for providing the Texas Juvenile Justice Department
				(TJJD) with an opportunity to review and comment on reports issued by the
				Independent Ombudsman (IO) concerning TJJD.
(b) The IO shall accept, both before and
				after publication of the following IO reports, comments from TJJD concerning
				those reports:
(1) quarterly reports issued
				under Human Resources Code §
										261.055;
(2) reports concerning serious or flagrant
				circumstances issued under Human Resources Code §
										261.055(b);
				and
(3) any other formal reports
				containing findings and making recommendations concerning systemic issues that
				affect TJJD.
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 A - ACCREDITATION › Section 651.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) Generally. This subchapter contains the
				  Texas Forensic Science Commission (Commission) rules adopted under The Code of
				  Criminal Procedure, Article 38.01 §4-d, that govern:
(1) the recognition of an accrediting body by
				  the Commission; and
(2) the
				  accreditation by the Commission of a crime laboratory or other entity
				  conducting forensic analyses of physical evidence for use in criminal
				  proceedings.
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 A - ACCREDITATION › Section 651.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
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.
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 A - ACCREDITATION › Section 651.3 - Recognition Process

Current through Reg. 49, No. 28; July 12, 2024
The Commission must recognize an accrediting body under
					 this section if the Commission determines that the accrediting body:
(1) issues an accreditation that is accepted
				  throughout the relevant scientific community and appropriate or available to a
				  crime laboratory or other entity that conducts forensic analyses of physical
				  evidence for use in criminal proceedings;
(2) has established adequate accreditation
				  criteria reasonably likely to facilitate trustworthy forensic
				  analysis;
(3) requires a periodic
				  competency audit or review of the personnel, facilities, and procedures
				  employed by a crime laboratory or other entity to conduct a forensic analysis;
				  and
(4) withholds, grants, or
				  withdraws its accreditation of a crime laboratory or other entity based on its
				  own determination of a reasonable likelihood of meaningful corrective action
				  for each deficiency noted during the periodic audit or review.
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 A - ACCREDITATION › Section 651.4 - List of Recognized Accrediting Bodies

Current through Reg. 49, No. 28; July 12, 2024
(a) The Commission
				  recognizes the accrediting bodies in this subsection, subject to the stated
				  discipline or category of analysis limitations:
(1) ANSI National Accreditation Board
				  (ANAB)--recognized for accreditation of all disciplines which are eligible for
				  accreditation under this subchapter as well as for the administration of the
				  American Board of Forensic Toxicology (ABFT) program.
(2) American Association for Laboratory
				  Accreditation (A2LA)--recognized for accreditation of all disciplines which are
				  eligible for accreditation under this chapter.
(3) American Board of Forensic Toxicology
				  (ABFT)--recognized for accreditation of forensic toxicology discipline only.
				  After December 31, 2022, the Commission will no longer renew laboratory
				  accreditation for laboratories accredited solely by ABFT. Laboratories in good
				  standing with ABFT after December 31, 2022, will maintain their existing
				  accreditation until it expires or is otherwise suspended, revoked or withdrawn
				  by the Commission. After this final accreditation period, the Commission will
				  no longer recognize accreditation by ABFT, and laboratories must obtain
				  accreditation by an entity listed in either paragraph (1) or (2) of this
				  subsection.
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 A - ACCREDITATION › Section 651.5 - Forensic Disciplines Subject to Commission Accreditation

Current through Reg. 49, No. 28; July 12, 2024
(a) Forensic analysis/recognized
				  accreditation. This section describes a forensic discipline or category of
				  analysis that involves forensic analysis for use in a criminal proceeding and
				  for which accreditation is available from a recognized accrediting
				  body.
(b) By discipline. A crime
				  laboratory may apply for Commission accreditation for one or more of the
				  following disciplines:
(1) Seized Drugs.
				  Categories of analysis may include one or more of the following: qualitative
				  determination, quantitative measurement, weight measurement, and volume
				  measurement;
(2) Toxicology.
				  Categories of analysis may include one or more of the following: qualitative
				  determination and quantitative measurement;
(3) Forensic Biology. Categories of analysis
				  may include one or more of the following: DNA-STR, DNA-YSTR, DNA-Mitochondrial,
				  DNA-massively parallel sequencing, body fluid identification, relationship
				  testing, microbiology, individual characteristic database, and nucleic acids
				  other than human DNA;
(4)
				  Firearms/Toolmarks. Categories of analysis may include one or more of the
				  following: physical comparison, determination of functionality, length
				  measurement, trigger pull force measurement, qualitative chemical
				  determination, distance determination, ejection pattern determination, product
				  (make/model) determination;
(5)
				  Materials (Trace). Categories of analysis may include one or more of the
				  following: physical determination, chemical determination, physical/chemical
				  comparison, product (make/model) determination, gunshot residue analysis,
				  footwear and tire tread analysis, and fire debris and explosives analysis
				  (qualitative determination); or
(6)
				  Other discipline and its related categories of analysis if accredited by a
				  recognized accrediting body and approved by the Commission.
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 A - ACCREDITATION › Section 651.6 - Forensic Disciplines to Which Commission Accreditation Does Not Apply by Statute

Current through Reg. 49, No. 28; July 12, 2024
This section describes a discipline, category of analysis,
					 or procedure that is excluded from the definition of forensic analysis or
					 otherwise exempted by the Code of Criminal Procedure, Article 38.35. No crime
					 laboratory accreditation is required for the following disciplines:
(1) latent print examination;
(2) breath specimen testing under
				  Transportation Code, Chapter 724;
(3) digital evidence (including computer
				  forensics, audio, or imaging); or
(4) an examination or test excluded by rule
				  under Code of Criminal Procedure, Article 38.01 §4-d(c) and set forth in
				  this subchapter.
(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.
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 A - ACCREDITATION › Section 651.8 - Full Commission Accreditation

Current through Reg. 49, No. 28; July 12, 2024
(a) Issuance and
				  renewal. The Commission may issue or renew accreditation under this
				  section.
(b) Application. An
				  applicant for full Commission accreditation must complete and submit to the
				  Commission a current Laboratory Accreditation Form and attach copies of the
				  following:
(1) an accreditation certificate
				  and letter of notification of accreditation from a recognized accrediting body;
				  and
(2) each document provided by
				  the recognized accrediting body that identifies the discipline or category of
				  analysis for which the laboratory has received accreditation and any limitation
				  or restriction regarding that accreditation.
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 A - ACCREDITATION › Section 651.9 - Provisional Commission Accreditation

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Issuance and renewal. The Commission may issue provisional accreditation under
				  this section that is non-renewable for that discipline, category of analysis,
				  or procedure.
(b) Application. An
				  applicant for provisional Commission accreditation shall complete and submit to
				  the Commission a current Laboratory Accreditation Form as referenced in §
										651.8(b)
				  of this subchapter (relating to Full Commission Accreditation) and attach
				  copies of the following:
(1) the application
				  for accreditation by a recognized accrediting body;
(2) the initial audit, inspection, or review
				  report from an independent auditor based on the standards of the recognized
				  accrediting body;
(3) a full
				  response in writing to the initial audit, inspection, or review report
				  described in paragraph (2) of this subsection; and
(4) each document provided by the recognized
				  accrediting body that identifies the discipline or category of analysis for
				  which the laboratory seeks accreditation.
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 A - ACCREDITATION › Section 651.10 - Accreditation Term

Current through Reg. 49, No. 28; July 12, 2024
(a) Normal term. The
				  normal term for Commission accreditation:
(1)
				  begins on the date of issuance of the initial Commission accreditation letter;
				  and
(2) extends until withdrawn by
				  the recognized accrediting body or by the Commission under §
											651.11
				  of this subchapter (relating to Automatic Withdrawal of Commission
				  Accreditation) or under §
											651.104
				  of this chapter (relating to Withdrawal of Commission Accreditation).
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 A - ACCREDITATION › Section 651.11 - Automatic Withdrawal or Suspension of Commission Accreditation

Current through Reg. 49, No. 28; July 12, 2024
The Commission must automatically withdraw, suspend, or
					 designate as inactive:
(1) the full
				  Commission accreditation for a laboratory, discipline, or subdiscipline at the
				  date and time that the recognized accrediting body withdraws, suspends, or
				  designates as inactive the laboratory, discipline, or subdiscipline
				  accreditation; or
(2) the
				  provisional Commission accreditation for a laboratory, discipline, or
				  subdiscipline at the date and time that the recognized accrediting body
				  notifies the Commission that the laboratory has withdrawn its application for
				  the relevant laboratory, discipline, or subdiscipline accreditation.
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 B - ACCREDITATION-RELATED ACTIONS › Section 651.101 - Process for Initiating Accreditation-Related Actions

Current through Reg. 49, No. 28; July 12, 2024
(a) If the Commission learns of a fact or
				  circumstance from a laboratory's recognized accrediting body, or receives a
				  third-party complaint regarding the reliability of a laboratory, or the
				  validity of a procedure, examination, or test conducted by the laboratory since
				  the date of application for Commission accreditation, the Commission may take
				  any of the following actions:
(1) coordinate
				  with the laboratory's recognized accrediting body regarding information needed
				  to address the issue(s) and any additional steps to facilitate resolution of
				  the issue(s);
(2) refer the matter
				  to the laboratory's director for evaluation, audit, correction, or other
				  appropriate action;
(3) initiate an
				  audit under §
											651.102 of this title (relating to
				  Audit);
(4) issue a letter to the
				  laboratory:
(A) requesting an immediate
				  response and explanation of the matter;
(B) requiring the laboratory permit or
				  arrange for an immediate inspection or audit of the matter; or
(C) explaining the action to be taken by the
				  Commission in the matter;
(5) notify a law enforcement agency or
				  prosecutor with jurisdiction; and
(6) any other actions deemed appropriate by
				  the Commission.
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 B - ACCREDITATION-RELATED ACTIONS › Section 651.102 - Audit of Quality Assurance Matters

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  Commission may, at any reasonable time, enter the premises or audit the
				  records, reports, procedures, or other quality assurance matters of a crime
				  laboratory that is accredited or seeking accreditation under this
				  chapter.
(b) If the Commission
				  determines there is reasonable cause to believe a laboratory has failed to
				  maintain quality assurance standards as required by its recognized accrediting
				  body, or has otherwise engaged in acts or omissions raising questions about the
				  reliability or validity of the forensic analysis performed in the laboratory,
				  or has violated any rule in this chapter, the Commission may take appropriate
				  action, including one or more of the following:
(1) direct the laboratory to conduct an
				  internal audit and implement appropriate corrective action;
(2) order the laboratory to obtain, at its
				  own expense, an external audit by a a subject matter expert approved by the
				  Commission and the laboratory's recognized accrediting body and provide the
				  expert's report to the Commission within a reasonable time frame determined by
				  the Commission;
(3) initiate an
				  evaluation of continued accreditation; or
(4) any other actions deemed appropriate by
				  the Commission.
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 B - ACCREDITATION-RELATED ACTIONS › Section 651.103 - Corrective Action Plan

Current through Reg. 49, No. 28; July 12, 2024
(a) If a laboratory
				  is subject to an audit that resulted in a determination that corrective action
				  is needed, the laboratory shall propose a corrective action plan and submit the
				  plan to the Commission within 30 days from the date the laboratory receives the
				  subject matter expert's report.
(b)
				  A proposed corrective action plan under this section must fully address each
				  adverse finding and identify appropriate corrective action.
(c) The Commission must promptly review a
				  proposed corrective action plan and take the following action:
(1) approve the corrective action plan;
				  or
(2) decline to approve the
				  corrective plan and identify necessary revisions to the
				  plan.
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 B - ACCREDITATION-RELATED ACTIONS › Section 651.104 - Withdrawal or Suspension of Commission Accreditation for Statute or Rule Violation

Current through Reg. 49, No. 28; July 12, 2024
(a) Withdrawal or
				  Suspension for Violation. The Commission by a majority vote of a quorum of
				  Commission members may withdraw or suspend accreditation of a laboratory,
				  discipline, or subdiscipline if the laboratory:
(1) violates article
				  38.01 of
				  the Code of Criminal Procedure;
(2)
				  fails to respond meaningfully within five business days to a letter issued by
				  the Commission under this subchapter;
(3) fails to timely submit to an audit or
				  other internal or external review required under this subchapter;
(4) fails to allow or substantially
				  interferes with an inspection or audit conducted under this subchapter;
				  or
(5) violates the code of
				  professional responsibility set forth in subchapter C,
				  §651.219.
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 B - ACCREDITATION-RELATED ACTIONS › Section 651.105 - Reinstatement of Commission Accreditation

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  accredited laboratory that has had Commission accreditation withdrawn,
				  suspended, or designated as inactive automatically under §
										651.11 of this title based on the
				  actions of the laboratory's recognized accrediting body (relating to Automatic
				  Withdrawal or Suspension of Commission Accreditation) may have its
				  accreditation reinstated by the Commission, if the laboratory shows that it
				  presently meets or exceeds the quality assurance standards required by the
				  laboratory's recognized accrediting body.
(b) An accredited laboratory that has had
				  Commission accreditation withdrawn or suspended under §
										651.104 of this title (relating to
				  Withdrawal or Suspension of Commission Accreditation) may have its
				  accreditation reinstated by the Commission. If the laboratory:
(1) shows that it presently meets or exceeds
				  the quality assurance standards required by the laboratory's recognized
				  accrediting body;
(2) demonstrates
				  resolution or pending resolution of all non-conformities or other issues
				  identified by the Commission; and
(3) the Commission or its Designee determines
				  that issues identified with respect to the integrity, reliability, or validity
				  of the forensic analysis, discipline, or subdiscipline for which accreditation
				  was withdrawn or suspended were resolved by the laboratory to the extent
				  possible.
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 651.201 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) Generally. This subchapter contains the
				  Texas Forensic Science Commission (Commission) rules adopted under Article
				  38.01 §4-a, Code of Criminal Procedure, that govern:
(1) the Commission's forensic analyst
				  licensing program; and
(2) the
				  licensing of an individual forensic analyst by the Commission.
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 651.204 - Forensic Disciplines to Which the Commission Licensing Requirement Does Not Apply by Statute

Current through Reg. 49, No. 28; July 12, 2024
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.
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 651.205 - Forensic Disciplines Exempt from the Commission Licensing Requirement by Administrative Rule

Current through Reg. 49, No. 28; July 12, 2024
The Commission has exempted certain forensic disciplines
					 from the accreditation requirement by administrative rule under 651.7 of this
					 title and thus the licensing requirement does not apply to these forensic
					 disciplines.
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 651.206 - Exemptions from Commission Licensing Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Non-proficiency tested laboratory support
				  personnel exemption. An individual who performs only support functions that do
				  not require participation in proficiency testing in accordance with the
				  laboratory's accrediting body requirements is not required to obtain a Forensic
				  Analyst License.
(b) Proficiency
				  tested laboratory support personnel waiver application.
(1) A laboratory may apply to the Commission
				  for an exemption from the licensing requirement on behalf of personnel who are
				  subject to accrediting body proficiency testing requirements, but perform only
				  support functions so limited in nature (e.g., aliquoting, accessioning, data
				  entry etc.) as to render the licensing requirement overly burdensome and
				  impractical for those employees.
(2) The Licensing Advisory Committee shall
				  review each support personnel waiver application and make a determination as to
				  the applicability of the exemption under this section based on the description
				  in paragraph (1) of this subsection. Any laboratory that is denied a support
				  personnel waiver request may appeal the decision to the full
				  Commission.
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 651.208 - Forensic Analyst and Forensic Technician License Renewal

Current through Reg. 49, No. 28; July 12, 2024
(a) Timing of
				  Application for Renewal. The Commission may renew an individual's Forensic
				  Analyst or Forensic Technician License up to 60 days before the expiration of
				  the individual's license term.
(b)
				  Renewal Term. The renewal date of a Forensic Analyst or Forensic Technician
				  License will be every two years on the last day of the license holder's birth
				  month.
(c) Renewal Fees. The
				  biennial renewal fee is $200 for Forensic Analysts and $130 for Forensic
				  Technicians. Fees for Forensic Analysts and Forensic Technicians seeking to
				  renew their licenses between January 1, 2024 and December 31, 2025, will be
				  pro-rated on a monthly basis depending upon the birth month of the renewing
				  license holder and the number of months in the renewal term as describe in
				  subsection (b) of this section. The pro-rated fee will be assessed at $8.33 per
				  month (for Forensic Analysts) and $5.42 per month (for Forensic
				  Technicians).
(d) Application. An
				  applicant for a Forensic Analyst or Forensic Technician License renewal shall
				  complete and submit to the Commission a current Forensic Analyst or Forensic
				  Technician License Renewal Application provided by the Commission, pay the
				  required fee, attach documentation of fulfillment of Continuing Forensic
				  Education and other requirements set forth in this section.
(e) Proficiency Monitoring Certification Form
				  for Renewal Applicants Employed by an Accredited Laboratory. An applicant for a
				  Forensic Analyst or Forensic Technician License renewal must provide an updated
				  copy of the Commission's Proficiency Monitoring Certification form
				  demonstrating the applicant participates in the laboratory's process for
				  intra-laboratory comparison, inter-laboratory comparison, proficiency testing,
				  or observation-based performance monitoring requirements in compliance with and
				  on the timeline set forth by the laboratory's accrediting body's requirements
				  as applicable to the Forensic Analyst or Forensic Technician's specific
				  forensic discipline and job duties. The form must be:
(1) signed by the licensee's authorized
				  laboratory representative; and
(2)
				  designate the specific forensic discipline in which the Forensic Analyst or
				  Forensic Technician actively performs forensic casework or is currently
				  authorized or currently participating in a training program to become
				  authorized to perform supervised or independent forensic casework.
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 651.209 - Forensic Analyst and Forensic Technician License Expiration, Reinstatement, and Procedure for Denial of Initial Application and Reconsideration

Current through Reg. 49, No. 28; July 12, 2024
(a) Forensic
				  Analyst and Forensic Technician License Expiration.
(1) When a Forensic Analyst or a Forensic
				  Technician fails to renew his or her license on or before the last day of the
				  license term, the license is considered inactive. The inactive status shall
				  begin on the day immediately following the last day of the license
				  term.
(2) A license that is deemed
				  inactive based on failure to renew may be reinstated within the ninety (90) day
				  period following the last day of the license term. When a Forensic Analyst or
				  Technician fails to renew by the 90th day after the last day of the license
				  term, the license status shall change from inactive to
				  expired.
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 651.210 - Provisional Forensic Analyst or Forensic Technician License

Current through Reg. 49, No. 28; July 12, 2024
(a) Issuance. The Commission may issue a
				  provisional Forensic Analyst or Forensic Technician License.
(b) Eligibility. An individual may apply to
				  the Commission for a provisional Forensic Analyst or Forensic Technician
				  License if the individual meets the following qualifications:
(1) applicant is currently employed in an
				  accredited laboratory for which the licensing requirements of this subchapter
				  apply; and
(2) applicant cannot
				  meet one or more of the forensic analyst license requirements set forth in this
				  subchapter at the time of application but plans to meet all the requirements
				  within the one-year provisional license period and meets all other requirements
				  described in §
											651.207
				  of this subchapter, relating to Forensic Analyst Licensing Requirements
				  Including License Term, Fee and Procedure for Denial of Application and
				  Reconsideration.
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 651.212 - Technical Reviewer License

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  Commission may issue a Technical Reviewers License to a technical reviewer who
				  is not eligible for a Forensic Analyst or Forensic Technician license upon
				  certification from a Commission-accredited laboratory that:
(1) the technical reviewer's role on behalf
				  of the laboratory is limited to technical review of forensic
				  analysis;
(2) the technical
				  reviewer has been previously qualified to perform technical review by a
				  national accrediting body recognized by the Commission and listed in §
											651.4
				  of this title (relating to List of Recognized Accrediting Bodies);
(3) the technical reviewer would not
				  otherwise be subject to the licensing requirements of the Commission because
				  they are not employed by a Commission-accredited laboratory; and
(4) granting of the Technical Reviewers
				  License is necessary to ensure the availability of properly trained and
				  qualified technical reviewers for the forensic analysis in question.
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 651.213 - Licensing of Military Service Members, Military Veterans, and Military Spouses

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions.
				  The terms "active duty," "military service member," "military spouse," and
				  "military veteran" have the meaning assigned by the Texas Occupations Code
				  Title 2, §
										55.001.
(b) Exemption from License Fees. All active
				  duty, military service members, military veterans and military spouses who
				  apply for or renew a forensic analyst license are exempt from fee requirements
				  described under this subchapter.
(c) Exemption from Penalty for Failure to
				  Renew License. All active duty, military service members, military veterans,
				  and military spouses who hold a Forensic Analyst License are exempt from any
				  increased fee or other penalty imposed by the Commission for failing to renew
				  his/her license in a timely manner if the individual establishes to the
				  satisfaction of the Commission that the individual failed to renew the license
				  in a timely manner because the individual was serving as a military service
				  member.
(d) Extension of License
				  Renewal Deadlines for Military Service Members. A military service member who
				  holds a Forensic Analyst License is entitled to two years of additional time to
				  complete:
(1) any continuing education
				  requirements; and
(2) any other
				  requirement related to the renewal of the military service member's
				  license.