This section describes disciplines, subdisciplines, or procedures excluded from the definition of forensic analysis or otherwise exempted by the Code of Criminal Procedure, Article 38.35, or by this subchapter based on their nature.

1. (1) This paragraph describes a discipline, subdiscipline, or procedure that is excluded from the definition of forensic analysis or otherwise exempted by the Code of Criminal Procedure, Article 38.35, and for which no recognized accreditation is appropriate or available. A laboratory may not apply for Commission accreditation for:

   1. (A) breath specimen testing under Transportation Code, Chapter 724;
   2. (B) latent print examination;
   3. (C) digital evidence (including computer forensics, audio, or imaging); or
   4. (D) an examination or test excluded by rule under Code of Criminal Procedure, Article 38.01 §4-d(c).
   5. (E) the portion of an autopsy conducted by a medical examiner or other forensic pathologist who is a licensed physician.

2. (2) This paragraph 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 Commission accreditation for:

   1. (A) forensic photography;
   2. (B) non-criminal paternity testing;
   3. (C) non-criminal testing of human or nonhuman blood, urine, or tissue;
   4. (D) 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. (E) other evidence processing or handling that is excluded under §651.2(2) of this title (relating to Definitions); or
   6. (F) other discipline or subdiscipline so determined by the Commission.

Source Note:The provisions of this §651.6 adopted to be effective June 1, 2010, 35 TexReg 4438; transferred effective September 1, 2015, as published in the Texas Register July 31, 2015, 40 TexReg 4907; amended to be effective December 24, 2015, 40 TexReg 9305.