SECTION 28.1. Chapter Definitions

The following words and terms, when used in this chapter, shall have the following meanings, unless the context shall clearly indicate otherwise.

(1) Accredited laboratory--A laboratory accredited in accordance with 37 TAC §§651.1 - 651.11.

(2) CODIS--The FBI's Combined DNA Index System. The term includes the national DNA index system (NDIS) and the state DNA index system (SDIS) sponsored by the FBI.

(3) CODIS user laboratory--A DNA laboratory subject to Subchapter G of this chapter.

(4) Crime laboratory--

(A) An accredited laboratory;

(B) A CODIS user laboratory; or

(C) A forensic DNA laboratory.

(5) Criminal justice or law enforcement agency or agency--A criminal justice agency described by Government Code, §411.082 or §411.141, a city police or county sheriff's department of this state, the department, another agency or subdivision of this state which is authorized to employ or commission peace officers, or the University of North Texas Health Science Center at Fort Worth.

(6) Department (DPS)--The Texas Department of Public Safety.

(7) Director--The director of the department.

(8) DNA--Deoxyribonucleic acid.

(9) DNA database--One or more databases that contain forensic DNA records maintained by the director.

(10) DNA laboratory--A laboratory that performs forensic DNA analysis on samples or specimens derived from a human body, physical evidence, or a crime scene. The term includes a CODIS user laboratory or a forensic DNA laboratory.

(11) DNA record--The results of a forensic DNA analysis performed by a DNA laboratory. The term includes a DNA profile and related records which may include a code or other identifying number referenced to a separate database and, if known, the name and other personally identifying information of the individual who is the subject of the analysis.

(12) DNA sample--A blood sample or other biological sample or specimen submitted to the director for DNA analysis or storage.

(13) FBI--The Federal Bureau of Investigation.

(14) Forensic analysis--Has the meaning assigned by Code of Criminal Procedure, Article 38.35.

(15) Forensic DNA laboratory--A laboratory subject to Subchapter F of this chapter.

(16) Forensic DNA testing--Forensic DNA analysis conducted for use in a criminal proceeding under Code of Criminal Procedure, Article 38.35.

(17) Institution of higher education--Has the meaning assigned by Education Code, §61.003.

(18) Integrity or trustworthiness--Includes:

(A) attention to confidentiality, accuracy, and documentation; and

(B) prevention of bias or misrepresentation of qualifications, evidence, conclusions, or testimony.

(19) Penal institution--Has the meaning assigned by Penal Code, §1.07.

(20) Profile--The DNA profile used for law enforcement identification.

(21) Recognized accreditation--Accreditation of a laboratory or other entity by an accrediting body recognized by the Texas Forensic Science Commission under 37 TAC §651.4.

(22) Recognized accrediting body--An entity that:

(A) issues an accreditation accepted throughout the relevant scientific community; and

(B) accredits a laboratory or other entity, including its personnel, procedures, and facilities, whether the body uses 'accreditation,' 'certification,' or a similar term. The term accreditation does not include the certification of an individual unless that certification is relevant to an accreditation review of personnel employed by a laboratory or entity.

(23) Substantial deficiency--A failure to comply with an accreditation or operational standard that is reasonably likely to impair:

(A) the integrity or trustworthiness of a test result; and

(B) the admissibility of that result. The term does not include a minor deficiency.

(24) TDCJ--The Texas Department of Criminal Justice.

(25) TJJD--The Texas Juvenile Justice Department.

Source Note: The provisions of this §28.1 adopted to be effective February 7, 2005, 30 TexReg 407; amended to be effective June 1, 2010, 35 TexReg 4435; amended to be effective March 18, 2012, 37 TexReg 1712; amended to be effective September 8, 2013, 38 TexReg 5740; amended to be effective December 11, 2017, 42 TexReg 6941