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

1. (1) Accredited laboratory--means a laboratory accredited by the director under Subchapter H of this chapter.
2. (2) CODIS--means the Combined DNA Index System sponsored by the Federal Bureau of Investigation (FBI).
3. (3) CODIS user laboratory--means a DNA laboratory subject to Subchapter F of this chapter. The term does not include a forensic DNA laboratory subject to Subchapter E of this chapter.

4. (4) Crime laboratory--means:

   1. (A) an accredited laboratory;
   2. (B) a CODIS user laboratory; or
   3. (C) a forensic DNA laboratory.
5. (5) Criminal justice or law enforcement agency or agency--means the Texas Department of Criminal Justice, the Texas Youth Commission, the Texas Juvenile Probation Commission, the Criminal Justice Policy Council, a community supervision or probation department of this state, a criminal justice agency described by Government Code, §411.082, a city police department of this state, a county sheriff's department of this state, the department, or another agency or subdivision of this state which is authorized to employ or commission peace officers.
6. (6) Department or DPS--means the Texas Department of Public Safety.
7. (7) Director--means the director of the department.
8. (8) DNA--means Deoxyribonucleic acid.
9. (9) DNA database--means the database that contains forensic DNA records maintained by the director.
10. (10) DNA laboratory--means a laboratory that performs forensic DNA analysis on samples or specimens derived from a human body or crime scene. The term includes a CODIS user laboratory or a forensic DNA laboratory.
11. (11) DNA record--means the results of a forensic DNA analysis performed by a DNA laboratory, including a profile and, if know, the name of the person who is the subject of the analysis.
12. (12) DPS accreditation--means accreditation of a laboratory or other entity by the director under Subchapter H of this chapter.
13. (13) FBI--means the Federal Bureau of Investigation.
14. (14) Forensic analysis--has the meaning assigned by §28.132 of this title (relating to Definitions).
15. (15) Forensic DNA laboratory--means a laboratory subject to Subchapter E of this chapter. The term does not include a CODIS user laboratory subject to Subchapter F of this chapter.
16. (16) Forensic DNA testing--means forensic DNA analysis conducted for use in a criminal proceeding under Code of Criminal Procedure, Article 38.35.
17. (17) Institution of higher education--has the meaning assigned by Education Code, §61.003.
18. (18) Institutional division and penal institution--have the meanings assigned by Penal Code, §1.07.

19. (19) Integrity or trustworthiness--includes:

    1. (A) attention to confidentiality, accuracy, and documentation; and
    2. (B) prevention of bias or misrepresentation of qualifications, evidence, conclusions, or testimony.
20. (20) Profile--means the complete 13 locus CODIS STR DNA profile used for law enforcement identification.
21. (21) Recognized accreditation--means accreditation of a laboratory or other entity by an accrediting body recognized by the director under Subchapter H of this chapter.

22. (22) Recognized accrediting body--means an entity outside DPS that:

    1. (A) is recognized by the director under Subchapter H of this chapter;
    2. (B) issues an accreditation accepted throughout the relevant scientific community; and
    3. (C) 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. (23) Substantial deficiency--means a failure to comply with an accreditation or operational standard that is reasonably likely to impair:

    1. (A) the integrity or trustworthiness of a test result; and
    2. (B) the admissibility of that result. The term does not include a minor deficiency.
24. (24) TDCJ--means the Texas Department of Criminal Justice.
25. (25) TYC--means the Texas Youth Commission.

Source Note:The provisions of this §28.1 adopted to be effective February 7, 2005, 30 TexReg 407.