1. (a) Alcohol. As used in these regulations alcohol refers to ethyl alcohol (sometimes referred to as grain alcohol or ethanol).
2. (b) Breath alcohol test (breath alcohol analysis). Refers to the actual analysis of a specimen of the subject's breath to determine the alcohol concentrations thereof. Analyses must be performed by certified individuals on certified instruments which are supervised by a certified technical supervisor in accordance with provisions stated in these regulations.

3. (c) Certification.

   1. (1) Certification refers to meeting and maintaining the requirements set forth in these regulations. Under the provisions of these regulations, certification is granted to:

      1. (A) operators;
      2. (B) technical supervisors;
      3. (C) breath alcohol test instruments;
      4. (D) techniques, methods and programs (breath alcohol test programs, agencies); and
      5. (E) courses of instruction.
   2. (2) Certification is granted only by the scientific director when minimum requirements of certification have been met. All breath alcohol testing for evidential purposes must be performed under certification in order to be admissible for court purposes.
   3. (3) Certificates are issued to operators, technical supervisors, breath alcohol test instruments, courses of instruction and breath alcohol test programs. Certificates are not issued for reference sample devices.
4. (d) Certified breath alcohol testing program (techniques and methods). Refers to any breath alcohol testing program meeting and maintaining the provisions stated in §19.3 of this title (relating to Certification of Techniques, Methods, and Programs). This certification is referred to as a total breath alcohol testing program, or total local program. Usually a total testing program refers to an agency or laboratory which meets the minimum requirements of having a certified breath alcohol testing instrument, approved reference sample device, certified technical supervisor, certified operators, and techniques, methods, and programs which have been inspected and certified by the scientific director. In order to obtain certification as a total program, the applying agency or laboratory should first contact the office of the scientific director to determine the criteria and regulations regarding certification. After original contact, the applying agency, laboratory, or school will be given an application with instructions setting forth the necessary requirements for certification. When all requirements for certification are met, including the acquisition of certified personnel, the scientific director will make an on-site inspection prior to the issuance of certification. Issuance of a certificate shall be evidence that the agency, laboratory, or school possesses certified instruments and approved reference sample devices.
5. (e) Certified course of instruction. Refers to any school, college, agency, institution, or laboratory which meets the requirements stated in §19.6 of this title (relating to Certification of Courses of Instructions) for certification of courses of training. Operator schools will be certified for instruction on specific instrument(s). Applications for school certification must be approved by the scientific director prior to the school's commencement. Certification of operators successfully completing a certified school can only be made by the office of the scientific director through the administration of appropriate examinations. The scientific director has the authority to limit enrollment of any school or deny individual enrollment if, in the opinion of the scientific director, such enrollment would not be in the best interest of the scientific integrity of the breath alcohol test program; for example, if enrollment in a certified operator school would produce more operators than could be supervised by the number of available technical supervisors.
6. (f) Certified operator. Certified operator refers to an individual who has successfully completed the requirements stated in these regulations and has received certification from the scientific director to operate a specific instrument(s). Operator certification is contingent upon compliance with all provisions stated in §19.4 of this title (relating to Operator Certification).

7. (g) Inactivation.

   1. (1) Inactivation refers to the voluntary or temporary discontinuance of certification. Unless specifically stated otherwise, this loss of certification will be an administrative program control as opposed to suspension or revocation for violation of these regulations or for unreliability or incompetence. Inactivation may be initiated by anyone having authority to suspend or revoke, by the certified operator in case of voluntary surrender of certification, or by the technical supervisor in case of voluntary surrender of technical supervisor certification. In questionable cases, the decision to accept inactivation or invoke suspension or revocation will be determined by the scientific director. Recertification of an inactivated certificate will require a written request from the applicant to the scientific director and successful completion of the requirements outlined in §19.4(e) of this title (relating to Operator Certification) for recertification and/or other requirements determined by the scientific director. Inactivation will be used in, but not limited to, the following situations:

      1. (A) an operator or technical supervisor transfers to a position where certification as a breath test operator or technical supervisor is no longer needed;
      2. (B) an operator temporarily becomes physically incapable to perform tests for either medical or administrative reasons;
      3. (C) an operator fails to renew current certification and reverts to an inactive status;
      4. (D) an operator terminates employment under which certification was acquired and new employment does not require certification as an operator, or the new location of the operator cannot be ascertained; or
      5. (E) a technical supervisor resigns from an approved or certified program, or is no longer supervising a certified program.
   2. (2) Inactivation will not be considered by the office of the scientific director as a disciplinary action. It is for administrative program control to safeguard the scientific integrity of the breath alcohol test program.
8. (h) Instruments. Instruments are defined as the device(s) which measure or quantitate the breath alcohol concentration pursuant to §19.1 of this title (relating to Instrument Certification). Certification of instruments is only in conjunction with breath alcohol analysis for evidential purposes as stated in Texas Transportation Code, Chapter 724. Approval of breath alcohol test instruments will be made by brand and/or model by the scientific director.
9. (i) Office of the scientific director. Refers to the scientific director or his staff.
10. (j) Practice test. Practice test refers to a properly conducted reference analysis by the operator on a certified breath alcohol test instrument using an approved reference sample device. Analyses must be conducted in accordance with provisions stated in §19.3(c)(4) of this title (relating to Certification of Techniques, Methods, and Programs).
11. (k) Predicted value. The predicted value refers to the known value of the reference sample. It is the result, within plus or minus 0.01g/210 Liters, which should be obtained in analyzing the reference sample.
12. (l) Proficiency test. A test administered by, and in the presence of, a technical supervisor to establish and/or ascertain the competency of an operator to obtain valid results on breath testing instrumentation.
13. (m) Public information and demonstration. Public information and demonstration refers to public demonstrations of certified evidential breath testing equipment. Certified evidential instruments should not ordinarily be used for public information programs and/or demonstrations. To utilize the equipment in this manner could violate the scientific integrity and validity of the analytical result in evidential subject analyses. When necessary, public information programs and demonstrations of certified equipment should only be performed by a certified technical supervisor.
14. (n) Recertification. Recertification refers to the renewal of lost certification; for example, certification loss by inactivation, suspension, or revocation. Unless provided for by specific provision in these regulations, application for recertification requires a written request from the applicant to the scientific director. Upon receipt of the request, the applicant will be advised of the necessary procedure to regain certification. Recertification requires the successful completion of requirements stated in §19.4(e) of this title (relating to Operator Certification) and/or additional requirements as stated by the scientific director.
15. (o) Reference Sample Device (simulator). A device that contains and delivers a temperature controlled headspace alcohol/water gas sample to a breath testing instrument, a device that artificially simulates the alveolar breath of a human being.
16. (p) Renewal of current certification. Renewal of current certification is referred to as certification renewal. Renewal of certification refers to the continuance of active certification by meeting the requirements stated in §19.4(b) of this title (relating to Operator Certification). Operator certificates have an expiration date and in order to be kept current require renewal. Failure or inability to renew current certification will result in inactivation or suspension. It is the responsibility of the certificate holder to renew certification. The scientific director, through the technical supervisor, will make available opportunities for certification renewal on a mass basis but cannot accept responsibility for individual renewal.
17. (q) Reports and records. Reports and records refer to all documents and reports required in breath alcohol testing. The scientific director, through the technical supervisor, supervises all reports and records of analyses conducted and/or documents relating to instruments and reference sample devices. Each specific brand and/or model of instrument requires specific records and forms which are explained in detail in the basic course of instruction for the specific instrument and which should be approved by the scientific director. Certification of a breath alcohol test program requires the completion and proper filing of certain documents relating to arrest. The scientific director, through the technical supervisor, is responsible to see that such documents are completed and filed but does not supervise these documents in regard to content. In addition to any forms, records, or documents required in the breath alcohol test program, the scientific director may require additional specific reports from the technical supervisors or other reports and records in regard to certifications and compliance with program regulations.
18. (r) Revisions. The changes which are adopted with the revision of these regulations apply only to breath tests that are done after the date of this revision. Previous revisions of these regulations are not nullified and nothing herein should be construed as limiting or canceling the effect of old regulations on tests done under these previous regulations.

19. (s) Revocation.

    1. (1) Revocation is an action taken only by the scientific director. To regain certification after revocation requires a written request from the applicant to the office of the scientific director and successful completion of the requirements for certification and/or recertification and/or any additional requirements determined by the scientific director. Revocation invalidates any current program, course of instruction, instrument, operator, or technical supervisor certification issued to the revoked entity for the period of revocation and until recertification. Unless provided for by specific provision in these regulations revocation will apply in cases such as, but not limited to, the following:

       1. (A) a certified instrument that is found to be unreliable, inaccurate, or unserviceable, and continued use of which, in the opinion of the scientific director, would not maintain the scientific integrity of the breath alcohol test program;
       2. (B) a certified breath alcohol test program, or course of instruction which can no longer maintain the provisions of these regulations; or
       3. (C) an operator or technical supervisor certificate not in compliance with the provisions stated in these regulations or when continuance of such certification in the opinion of the scientific director would not uphold the scientific integrity of the breath alcohol test program.
    2. (2) Revocation will not be considered by the scientific director as a disciplinary action. Revocation will be for the purpose of enforcing these regulations and maintaining the scientific integrity of the breath alcohol test program.
20. (t) Scientific director. Denotes the title of the individual responsible for the implementation, administration, and enforcement of the Texas breath alcohol testing regulations. For the purpose of these regulations it shall also denote those as specified in §19.1(a) of this title (relating to Instrument Certification).
21. (u) Security. Refers to the safeguard of certified instruments at testing locations. Only certified operators, technical supervisors, and individuals defined in §19.3(c)(2) of this title (relating to Certification of Techniques, Methods, and Programs) shall have access to certified breath alcohol testing instruments. The technical supervisor has the responsibility and authority to maintain security at all times.
22. (v) Site location. Refers to the physical site where the breath alcohol testing instrument and reference sample device is located, and where testing is conducted pursuant to §19.3(b) of this title (relating to Certification of Techniques, Methods, and Programs). Relocation of certified breath alcohol test equipment requires the approval of the technical supervisor(s) and documentation of this fact. The technical supervisor has the authority to approve the site with regards to technical acceptability for breath alcohol testing and pursuant to subsection (u) of this section.
23. (w) Suspension. Suspension refers to the immediate cancellation of certification. A suspension can be initiated by the scientific director, technical supervisor, or designated representative of the scientific director. Prior to appeal to the director of the Department of Public Safety, suspensions may be set aside or sustained only after investigation by the scientific director. The minimum period of suspension as determined by the scientific director will be for a period of time not less than 30 days. The technical supervisor or a designated representative of the scientific director may recommend a specific period of suspension to the scientific director. Usually, suspensions will be immediate action taken by the suspending authority when there is reason to believe that unreliable or incompetent operations have occurred or there has been some violation of these regulations. Due to the immediate nature and the procedure for appeal, the individual initiating the suspension shall not be required to confer, consult, or obtain permission or approval from anyone prior to the initiation of the suspension. However, all suspensions must be consistent with procedures outlined in these regulations. A suspension invalidates any certification issued to the suspended entity for a period of suspension until recertification. To regain certification after the period of suspension requires a written request from the applicant to the scientific director. Upon receipt of the written request, the applicant will be advised of the necessary steps to be taken in order to regain certification. Suspension will not be considered by the scientific director as a disciplinary action but shall be for the purpose of maintaining the scientific integrity of the breath alcohol test program and upholding these regulations.
24. (x) System blank analysis (Sample Chamber Purge). An analysis of ambient air, free of alcohol and other interfering substances, that yields a result of 0.00.

25. (y) Technical supervisor and technical supervision. This term refers to an individual meeting the minimum requirements set forth in §19.5 of this title (relating to Technical Supervisor Certification) and certified by the scientific director. Technical supervisor certification, like operator certification, is limited to specific instrumentation. Technical supervisors have the responsibility and the authority to inactivate, suspend, or recommend revocation of any certification under their supervision. Inactivation, suspension, or recommended revocation by the technical supervisor will not be considered a disciplinary action, but a means to enforce these regulations and safeguard the scientific integrity of the breath alcohol testing program. Certification as a technical supervisor does not in itself imply disciplinary control or administrative in-line supervision over certified operators. However, technical supervisors must exercise complete technical supervisory authority over all operators in their assigned areas in all matters pertaining to breath alcohol testing and in enforcement of all provisions stated in these regulations. Certification of the technical supervisor and the program in which the technical supervisor operates is contingent upon the technical supervisor's ability to communicate directly with the office of the scientific director in accordance with the provisions stated in these regulations and by directives issued by the scientific director. The primary function of the technical supervisor is to provide the technical, administrative, and supervisory expertise in safeguarding the scientific integrity of the breath alcohol testing program and to assure the breath alcohol testing program's acceptability for evidential purposes. The technical supervisor, in matters pertaining to breath alcohol testing, is the field agent of the scientific director. Supervision by the technical supervisor in accordance with the provisions stated in these regulations shall include, but not be limited to:

    1. (1) supervision of certified operators in performance of breath alcohol test operations, including the proper completion of forms and records, and operator's compliance with the provisions stated in these regulations;
    2. (2) supervision of data gathered for initial certification and/or approval of individual instruments and reference sample devices in an assigned area;
    3. (3) supervision of techniques of testing, maintaining scientific integrity and upholding these regulations as they apply to the certification of a total testing program;
    4. (4) selection and supervision of a testing location as it applies to security and technical suitability for testing;
    5. (5) supervision of compliance with the policy of public information and/or demonstrations of breath alcohol testing instruments and equipment;
    6. (6) all technical, administrative, and regulatory aspects of breath alcohol testing within a designated area; and
    7. (7) expert testimony by direct testimony or by written affidavit concerning all aspects of breath alcohol testing within an assigned area.

Source Note:The provisions of this §19.7 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; amended to be effective July 17, 2003, 28 TexReg 5541.