1. (a) All crime laboratories that operate disciplines in an accredited field of forensic science and conduct forensic analysis for use in a criminal action in Texas must participate in the portal by transferring crime laboratory records as soon as practicable through the portal for at least those accredited fields of forensic science. A crime laboratory may also choose to participate in the portal for any forensic examination or test not subject to accreditation but for which the crime laboratory performs casework.
2. (b) A crime laboratory that only performs forensic examinations or tests not subject to accreditation is not required to participate in the portal but may choose to participate.

3. (c) A crime laboratory located outside of Texas but accredited by the Texas Forensic Science Commission that performs an average of fewer than 300 cases annually in Texas during the immediately preceding five-year period may submit a request to be designated exempt from mandatory participation in the portal.

   1. (1) A crime laboratory's request to be designated exempt from mandatory participation must be made to the DPS Crime Laboratory Records Program Manager (manager) at CLRConnect@dps.texas.gov.
   2. (2) The manager must respond to the request for exemption within 60 days of receipt of the request.
   3. (3) A crime laboratory that is denied an exemption request may appeal that decision to the DPS Crime Laboratory Division Chief by mailing an appeal request with relevant information, including the exemption request and the response, to: Crime Laboratory Division Chief, Texas Department of Public Safety, Attn: CLR Connect Exemption Appeal, 5805 N. Lamar Blvd. (MSC 0460), Austin, Texas 78752.
4. (d) Exemptions are effective for two years. Subsequent exemption requests are not guaranteed and must be requested no fewer than 60 days before the exemption expires.
5. (e) The department must provide a list on the portal webpage of each crime laboratory that has been designated exempt from mandatory portal participation with the exemption effective date.
6. (f) A crime laboratory, regardless of an exemption designation, must continue to comply with all discovery obligations as set forth by Texas Code of Criminal Procedure, Article 39.14.

Source Note:The provisions of this §28.212 adopted to be effective July 3, 2025, 50 TexReg 3787.