This section describes a discipline, subdiscipline, or procedure excluded from the definition of forensic analysis by the Code of Criminal Procedure, Article 38.35, subsection (a) or by this subchapter based on their nature.

1. (1) Voluntary DPS accreditation only. This paragraph describes a discipline, subdiscipline, or procedure that is excluded from the definition of forensic analysis by the Code of Criminal Procedure, Article 38.35, subsection (a) and for which recognized accreditation is available. A laboratory may apply for voluntary DPS accreditation for: latent print examination (including development and comparison).

2. (2) No DPS accreditation.

   1. (A) This subparagraph describes a discipline, subdiscipline, or procedure that is excluded from the definition of forensic analysis by the Code of Criminal Procedure, Article 38.35, subsection (a) and for which no recognized accreditation is appropriate or available. A laboratory may not apply for voluntary or statutory DPS accreditation for: breath specimen testing under Transportation Code, Chapter 724.

   2. (B) This subparagraph describes a discipline, subdiscipline, or procedure that does not normally involve forensic analysis of physical evidence for use in a criminal proceeding and for which recognized accreditation is inappropriate or unavailable. A laboratory may not apply for voluntary or statutory DPS accreditation for:

      1. (i) forensic photography;
      2. (ii) non-criminal paternity testing;
      3. (iii) non-criminal testing of human or nonhuman blood, urine, or tissue;
      4. (iv) a crime scene search team (whether or not associated with an accredited laboratory) if the team does not engage in forensic analysis because it only engages in the location, identification, collection, or preservation of physical evidence and the activity is not integral to an expert examination or test;
      5. (v) other evidence processing or handling that is excluded under §28.122(2)(B), (C), or (D) of this subchapter (relating to Definitions); or
      6. (vi) other discipline or subdiscipline so determined by the director.

Source Note:The provisions of this §28.125 adopted to be effective December 17, 2003, 28 TexReg 10954.