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

1. (1) Environmental testing--refers to an analysis by a laboratory conducted for the purpose of determining the chemical, molecular, or pathogenic components of air, water, soil, or other environmental media for use in an administrative, civil, or criminal matter.

2. (2) Forensic analysis--has the meaning assigned by Code of Criminal Procedure, Article 38.35. The term does not include:

   1. (A) an expert examination or test excluded under Code of Criminal Procedure, Article 38.35, subsection (a)(1) or (2);
   2. (B) an expert examination or test conducted principally for the purpose of scientific research, medical practice, civil or administrative litigation, or other purpose unrelated to determining the connection of physical evidence to a criminal action;
   3. (C) the location, identification, collection, or preservation of physical evidence by laboratory or investigative personnel unless the activity is integral to an expert examination or test; or
   4. (D) field testing such as screening or presumptive testing unless the activity is integral to an expert examination or test.
3. (3) Forensic pathology--includes a medical examiner. The term does not include a toxicology or other laboratory associated with the office of a medical examiner.

4. (4) Recognized accrediting body--refers to an entity outside DPS that:

   1. (A) is recognized by the director under this subchapter;
   2. (B) issues an accreditation accepted throughout the relevant scientific community; and
   3. (C) accredits a laboratory, including its personnel, procedures, and facilities, whether the body uses 'accreditation,' 'certification,' or a similar term. In this subchapter, 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.
5. (5) Laboratory or crime laboratory--refers to an entity that conducts a forensic analysis of physical evidence for use in a criminal proceeding.
6. (6) Physical evidence--has the meaning assigned by Code of Criminal Procedure, Article 38.35.

Source Note:The provisions of this §28.122 adopted to be effective December 17, 2003, 28 TexReg 10954.