1. (a) All reference sample devices 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, manufacturer brand or model designation for use in the state.
   2. (2) A manufacturer or designated representative desiring approval of a reference sample device not on the approved list may submit to the scientific director a production model of the device. Examination and evaluation of the device to determine if it meets the criteria for approval will be done at the discretion of the scientific director. All shipping costs associated with such submissions will be at the expense of the submitting entity.
2. (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.

3. (c) Upon proof of compliance with subsection (b) of this section the reference sample device by type, manufacturer brand and/or model designation 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, for cause, rescind the approval of and remove the type, manufacturer brand and/or model designation from the list of approved devices.
4. (d) The technical supervisor shall determine if a specific reference sample device is of the same type, manufacturer brand and/or model designation as is shown on the scientific director's approved list and meets the criteria for approval as stated in subsection (b) of this section and when required, shall provide direct testimony or written affidavit of this information.

Source Note:The provisions of this §19.3 adopted to be effective March 26, 2006, 31 TexReg 2189.