37 Tex. Admin. Code § 19.2 – Approval of Reference Sample Devices

(a) All reference sample devices as defined in §19.7(o) of this title (relating to Explanation of Terms and Actions) used in conjunction with evidential breath alcohol testing must be approved by the scientific director.
1. (1) The scientific director will establish and maintain a list of approved reference sample devices by type, brand, and/or model for use in the state.
2. (2) If application is made for approval of a reference sample device by type, brand, and/or model not on the approved list, the scientific director shall examine the reference sample device to determine if it meets the criteria for approval.
(b) In order to be approved, a reference sample device must function properly for the purpose for which it was designed and be compatible with the certified instrumentation.
(c) Upon proof of compliance with subsection (b) of this section the reference sample device by type, brand, and/or model will be approved and placed on the scientific director's approved list.
1. (1) Inclusion on the scientific director's list of approved reference sample devices will verify that the equipment by type, brand, and/or model meets subsection (b) of this section.
2. (2) The scientific director may suspend or revoke the approval of a type, brand, and/or model of reference sample device for cause.
(d) The technical supervisor, as the field agent of the scientific director, shall determine if the individual reference sample device meets the requirements of subsection (b) of this section and when required, shall provide direct testimony or written affidavit in accordance with §19.7(y)(7) of this title (relating to Explanation of Terms and Actions).
(e) After approval if it is determined by the scientific director, or designated representative or technical supervisor, that a specific reference sample device is no longer compatible with existing instrumentation or does not perform the purpose and function intended, the specific reference sample device will be removed from service and approval may be withdrawn.

Source Note:The provisions of this §19.2 adopted to be effective September 8, 1986, 11 TexReg 3800; amended to be effective November 30, 1990, 15 TexReg 6602; amended to be effective August 4, 1998, 23 TexReg 7842.