1. (a) Initial certification.

   1. (1) In order to apply for certification as an operator of a breath alcohol testing instrument, an applicant must successfully complete a course of instruction approved by the scientific director which must include as a minimum the following:

      1. (A) three hours of instruction on the effects of alcohol on the human body;

      2. (B) three hours of instruction on the operational principles of the selected breath alcohol testing instrument to be used. This instruction shall include:

         1. (i) a functional description of the testing method; and
         2. (ii) a detailed operational description of the method with demonstrations.
      3. (C) five hours of instruction on Texas legal aspects of breath alcohol testing;
      4. (D) three hours of instruction on supplemental information which is to include nomenclature appropriate to the field of breath alcohol testing;
      5. (E) 10 hours of laboratory participation using appropriate equipment. Laboratory practice will include the analysis of reference alcohol samples, as stated in §19.3(c)(4) of this title (relating to Certification of Techniques, Methods and Programs), as well as the analysis of breath samples from actual drinking subjects and completion of all required records and reports needed for documentation;
      6. (F) time spent on required examinations (approximately two hours) will be considered part of the course.
      7. (G) if an operator is certified to operate a specific brand and/or model of equipment and is required to be certified on an additional brand and/or model of equipment, the scientific director may waive portions of paragraph (1)(A) through (F) of this subsection and require only that instruction needed to acquaint the applicant with proper operation of the new brand and/or model of equipment.

   2. (2) Prior to initial certification as an operator of a breath alcohol testing instrument, an applicant must satisfactorily complete examinations, to be prepared and given by the scientific director or a designated representative, which shall include the following:

      1. (A) a written examination which shall cover the academic or lecture material presented in the course of instruction;
      2. (B) a practical examination that shall encompass actual operation of the instrument and reference sample device on which the operator is to be certified. The examination will consist of analyzing reference samples and obtaining results on all samples within limits as set by the scientific director, plus proper completion of all required records and/or reports. If the correct value is not obtained within the prescribed limits on all of the samples and/or there is an error on any of the required records and/or reports, then the operator will be given a second set of test samples. If the correct value is not obtained on all of the second test samples within the prescribed limits and/or there is an error on any of the required records or reports the applicant has failed the examination;
      3. (C) failure of the initial written and/or practical examination will cause the applicant to be ineligible for reexamination for a period of 30 days. A subsequent failure will require that the candidate attend and satisfactorily complete the basic course of instruction for certification of a breath testing operator.
   3. (3) Prior to certification an applicant must establish proof of participation in a breath testing program that meets the requirements set forth in §19.3 of this title (relating to Certification of Techniques, Methods, and Programs) and has been approved by the scientific director.
   4. (4) Persons who have been convicted of a felony, theft, or a crime of moral turpitude shall not be eligible to become a certified operator.
   5. (5) Upon successful completion of the requirements for initial certification, the scientific director will issue the individual an operator's certificate valid for a period of time designated by the scientific director or until the next examination for renewal unless inactivated, suspended, or revoked.

2. (b) Renewal of current certification. The operator is required to renew certification prior to its expiration date. The minimum requirement for renewal of operator certification will be:

   1. (1) An annual demonstration by the operator of competence to perform satisfactory reference analyses as stated in §19.3(c)(4) of this title (relating to Certification of Techniques, Methods, and Programs). The practical examination as stated in subsection (a)(2)(B) of this section will be conducted under the supervision of a technical supervisor. The operator will be evaluated on the basis of ability to:

      1. (A) use proper techniques;
      2. (B) obtain proper instrument results pursuant to §19.3(c)(4) of this title (relating to Certification of Techniques, Methods, and Programs); and
      3. (C) follow established procedures including, but not limited to, the operation of the instrument and reference sample device and the proper reporting procedures for analysis results.

   2. (2) the satisfactory biennial completion of a course of instruction at least four hours in duration, the contents of which should include, but not be limited to, topics such as:

      1. (A) a brief review of the theory and operation of the breath alcohol test equipment;
      2. (B) a detailed review of the breath alcohol analysis and reporting procedures;
      3. (C) a discussion of procedural updates resulting from recent court decisions and legislation;
      4. (D) a discussion of current problems in the field of breath alcohol testing;
      5. (E) a written examination on the material presented in the renewal course and during the basic course of instruction.

   3. (3) Renewal of certification will be denied and current certification will be inactivated in accordance with subsection (d) of this section when the operator:

      1. (A) fails to follow established procedures;
      2. (B) uses other than proper technique;
      3. (C) fails the practical examination; or
      4. (D) fails the written examination.
   4. (4) An operator who fails renewal will be given the reason for failure and is not eligible to be reexamined for a period of 30 days. A subsequent failure will require that the candidate attend and satisfactorily complete the basic course of instruction for certification of a breath testing operator.
   5. (5) Upon successful completion of the requirements for renewal of certification, the scientific director will issue the individual an operator's certificate valid for a period of time designated by the scientific director or until next renewal unless inactivated, suspended, or revoked.

3. (c) Proficiency requirements.

   1. (1) The scientific director or a designated representative or the operator's technical supervisor may at any time require an operator to demonstrate proficiency and ability to properly operate the breath alcohol testing instrument and reference sample device.
   2. (2) It is the responsibility of the individual operator to maintain proficiency.
   3. (3) Failure to pass a proficiency test as defined in §19.7(1) of this title (relating to Explanation of Terms and Actions) will result in the operator's certification being suspended for 30 days.

4. (d) Certification inactivation, suspension and revocation.

   1. (1) Inactivation of certification will be utilized for administrative program control pursuant to §19.7(g) of this title (relating to Explanation of Terms and Actions).

   2. (2) Suspension of certification shall be administered in accordance with §19.7(w) of this title (relating to Explanation of Terms and Actions). A technical supervisor may suspend the certification of any operator under the supervision of that technical supervisor and recommend further action to the scientific director for malfeasance or noncompliance with any provisions of these regulations or when in the technical supervisor's judgment the operator's performance is unreliable or the operator is incompetent.

      1. (A) The technical supervisor shall immediately notify the scientific director in writing of any such suspension and furnish a copy of such notice to the suspended operator and the operator's appropriate supervisor or department head. The suspended operator shall not be permitted to operate the instrument until such time as certification has been restored pursuant to subsection (e) of this section.
      2. (B) Upon receipt of the notification of suspension, the scientific director shall immediately initiate an inquiry culminating in sustaining the suspension, revoking certification, or setting aside the suspension.
   3. (3) Revocation of certification shall be administered in accordance with §19.7(s) of this title (relating to Explanation of Terms and Actions). Certification shall be revoked by the scientific director pursuant to subsection (d)(2)(B) of this section when the operator intentionally or purposefully disregards or violates these regulations, commits a violation of law relating to breath testing, or falsely or deceitfully obtains certification. An operator whose certification has been revoked shall not be eligible for examination for certification again within 12 months of the date of revocation or such other time as determined by the scientific director.
   4. (4) An operator whose certification has been suspended or revoked may appeal such action in writing to the director, Texas Department of Public Safety, who will determine if the action of the scientific director will be affirmed or set aside. The director may reinstate certification under such conditions as deemed necessary and notify the scientific director in writing.

5. (e) Recertification.

   1. (1) Certification that has been inactivated, suspended, or revoked must be regained before evidential analyses can be administered. It will be the responsibility of the inactivated, suspended, or revoked operator to notify the scientific director in writing of such intent. This notification shall be submitted in close proximity to the completion of any mandatory waiting period imposed under certification cancellation. Recertification shall take place pursuant to the following:

      1. (A) Recertification after voluntary inactivation (and the period of inactivation is less than six months) will be pursuant to subsection (a)(2)(B) of this section.
      2. (B) Recertification after voluntary inactivation (and the period of inactivation is more than six months) or for failure to attend annual renewal will be pursuant to subsection (a)(2) of this section.
      3. (C) Recertification after inactivation for failure of the renewal examination and/or examinations will be pursuant to subsection (b) of this section.
      4. (D) Recertification after suspension or revocation will be in accordance with subsection (a)(2)(A) and (B) of this section.
   2. (2) An operator who fails either examination required in paragraph (1)(A) through (D) of this subsection is guided by subsection (a)(2)(C) of this section for further examination.
6. (f) Certificate. The issuance of a certificate to the breath test operator shall be evidence that the operator has met the requirements for initial certification and/or renewal of certification.
7. (g) Verification. The technical supervisor, when required, shall provide testimony in accordance with §19.7(y)(7) of this title (relating to Explanation of Terms and Actions) verifying all aspects of certification of operators within an assigned area.

Source Note:The provisions of this §19.4 adopted to be effective January 1, 1976; amended to be effective April 4, 1984, 9 TexReg 1701; amended to be effective September 8, 1986, 11 TexReg 3800; amended to be effective May 12, 1988, 13 TexReg 2089; amended to be effective November 30, 1990, 15 TexReg 6602; amended to be effective August 4, 1998, 23 TexReg 7842.