1. (a) A forensic DNA laboratory shall comply with the rules in this subchapter.

2. (b) Before conducting a DNA test, a forensic DNA laboratory shall:

   1. (1) obtain DPS accreditation under Subchapter H of this chapter; or
   2. (2) comply with the second-sample provision described in Code of Criminal Procedure, Article 38.35(e).

3. (c) A forensic DNA laboratory shall comply with the audit standards required by:

   1. (1) Subchapter H of this chapter; and
   2. (2) the laboratory's recognized accrediting body.

4. (d) No later than 30 days after the date the laboratory receives an audit report from its recognized accrediting body, a forensic DNA laboratory shall submit to the director a copy of the report along with its response to the audit. The response shall demonstrate:

   1. (1) that each finding of substantial deficiency has been corrected or adequately addressed; or
   2. (2) good cause for the director to waive each finding of substantial deficiency.
5. (e) A forensic DNA laboratory shall establish and maintain a procedure that requires prompt reporting of each substantial deficiency by the laboratory. Laboratory personnel shall promptly report an incident of substantial deficiency by the laboratory to appropriate authorities, including the laboratory's director, the director of the department, the laboratory's recognized accrediting body, and the appropriate prosecutor or other criminal justice or law enforcement agency. This section does not apply to a deficiency that laboratory personnel reasonably believe to be minor and not substantial.
6. (f) If a forensic DNA laboratory agrees or is required to report the results of an analysis, comparison, or other match to a criminal justice or law enforcement agency, the laboratory shall make reasonable efforts to submit the report to the agency no later than 30 days after completing its report of the comparison or match.

Source Note:The provisions of this §28.82 adopted to be effective February 7, 2005, 30 TexReg 407.