1. (a) 'Forensic analysis'/recognized accreditation. This section describes a discipline or subdiscipline that involves forensic analysis for use in a criminal proceeding and for which accreditation is available from an accrediting body that is recognized by the director under this subchapter.

2. (b) By entire discipline. A laboratory may apply for DPS accreditation for one or more of the following disciplines:

   1. (1) controlled substances;
   2. (2) toxicology;
   3. (3) biology;
   4. (4) firearms/toolmark;
   5. (5) questioned documents;
   6. (6) trace evidence; or
   7. (7) other discipline if approved by a recognized accrediting body and the director.

3. (c) Limited to subdiscipline. A laboratory may apply for DPS accreditation limited to one or more of the following subdisciplines:

   1. (1) under the controlled substances discipline, subdiscipline limitation may include controlled substance (marihuana only) or similar limitation;
   2. (2) under the toxicology discipline, subdiscipline limitation may include toxicology (blood alcohol only) or similar limitation;
   3. (3) under the biology discipline, subdiscipline limitation may include biology (serology only) or similar limitation;
   4. (4) under the firearms/toolmark discipline, subdiscipline limitation may include: firearms/toolmarks (firearms only), (serial number restoration only), or similar limitation;
   5. (5) under the questioned documents discipline, subdiscipline limitation may include questioned documents (handwriting only) or similar limitation;
   6. (6) under the trace evidence discipline, subdiscipline limitation may include: trace evidence (fire debris only), (explosives only), (fibers only), (gun shot residue only), (glass only), (hairs only), (paint only), (filaments only), or similar limitation; and
   7. (7) other discipline and its related subdiscipline if accredited by a recognized accrediting body and the director.
4. (d) A laboratory may chose to assign a particular subdiscipline to a different administrative section or unit in the laboratory. For example, the subdiscipline of impression evidence, including footwear, tiretrack, and similar impression evidence, may be administratively assigned by the laboratory to its trace evidence, firearms, or questioned document section. The director deems impression evidence to be a subdiscipline of several disciplines under this subchapter, including trace evidence, firearms/toolmark, or questioned documents.
5. (e) If an accreditation for a subdiscipline is accompanied by the term 'only' or a similar notation, DPS will deem the accreditation to exclude other subdisciplines in that discipline.

Source Note:The provisions of this §28.124 adopted to be effective December 17, 2003, 28 TexReg 10954.