1. (a) Generally. This subchapter contains the director's rules adopted under Government Code, §411.0205, that govern:

   1. (1) the granting of recognition to an outside accrediting body by the Department of Public Safety (DPS); and
   2. (2) the accreditation of an individual crime laboratory or other entity by DPS.
2. (b) Accreditation sequence. To be accredited by DPS under this subchapter, a laboratory must first be accredited by an accrediting body that is recognized by the director under this subchapter.
3. (c) Source of evidence predicate. The Code of Criminal Procedure, Article 38.35, requires DPS accreditation of an individual laboratory or other entity for admission of evidence or testimony if the laboratory or entity conducts a forensic analysis of physical evidence for use in a criminal proceeding.
4. (d) Statutory DPS accreditation. A laboratory may apply for statutory DPS accreditation if accreditation is required for evidence admissibility under Code of Criminal Procedure, Article 38.35.
5. (e) Voluntary DPS accreditation. A laboratory may apply for voluntary DPS accreditation for any purpose if permitted under this subchapter.

Source Note:The provisions of this §28.121 adopted to be effective December 17, 2003, 28 TexReg 10954.