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--A laboratory accredited by the director under Subchapter I of this chapter.
2. (2) CODIS--The Combined DNA Index System sponsored by the Federal Bureau of Investigation (FBI).
3. (3) CODIS user laboratory--A DNA laboratory subject to Subchapter G of this chapter.

4. (4) Crime laboratory--

   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--The Texas Department of Criminal Justice, the Texas Juvenile Justice Department, 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, another agency or subdivision of this state which is authorized to employ or commission peace officers, or the University of North Texas Health Science Center at Fort Worth.
6. (6) Department (DPS)--The Texas Department of Public Safety.
7. (7) Director--The director of the department.
8. (8) DNA--Deoxyribonucleic acid.
9. (9) DNA database--The database that contains forensic DNA records maintained by the director.
10. (10) DNA laboratory--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--The results of a forensic DNA analysis performed by a DNA laboratory, including a profile and, if known, the name of the person who is the subject of the analysis.
12. (12) DPS accreditation--Accreditation of a laboratory or other entity by the director under Subchapter I of this chapter.
13. (13) FBI--The Federal Bureau of Investigation.
14. (14) Forensic analysis--has the meaning assigned by §28.142 of this title (relating to Definitions).
15. (15) Forensic DNA laboratory--A laboratory subject to Subchapter F of this chapter.
16. (16) Forensic DNA testing--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) 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.
19. (19) Penal institution--has the meaning assigned by Penal Code, §1.07.
20. (20) Profile--The complete 13 locus CODIS STR DNA profile used for law enforcement identification.
21. (21) Recognized accreditation--Accreditation of a laboratory or other entity by an accrediting body recognized by the director under Subchapter I of this chapter.

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

    1. (A) is recognized by the director under Subchapter I 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--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--The Texas Department of Criminal Justice.
25. (25) TJJD--The Texas Juvenile Justice Department.

Source Note:The provisions of this §28.1 adopted to be effective February 7, 2005, 30 TexReg 407; amended to be effective June 1, 2010, 35 TexReg 4435; amended to be effective March 18, 2012, 37 TexReg 1712; amended to be effective September 8, 2013, 38 TexReg 5740.