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

1. (1) Accredited field of forensic science-means a specific forensic method or methodology validated or approved by the Commission under Article 38.01, Code of Criminal Procedure §4-d as part of the accreditation process for crime laboratories.
2. (2) Crime laboratory-means a public or private laboratory or other entity that conducts forensic analysis subject to this article.

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

   1. (A) latent print examination;
   2. (B) a test of a specimen of breath under Chapter 724, Transportation Code;
   3. (C) digital evidence;
   4. (D) an examination or test excluded by rule under Article 38.01, Code of Criminal Procedure;
   5. (E) a presumptive test performed for the purposes of determining compliance with a term or condition of community supervision or parole and conducted by or under contract with a community supervision and corrections department, the parole division of the Texas Department of Criminal Justice, or the Board of Pardons and Paroles; or
   6. (F) 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;
4. (4) Forensic pathology-includes that portion of an autopsy conducted by a medical examiner or other forensic pathologist who is a licensed physician.
5. (5) Accredited laboratory-includes a public or private laboratory or other entity that conducts forensic analysis as defined in Article 38.35, Code of Criminal Procedure and is accredited by a national accrediting body recognized by the Commission and listed in §651.4 of this title.
6. (6) Physical evidence-has the meaning assigned by Article 38.35, Code of Criminal Procedure.
7. (7) Professional misconduct-means the actor, through a material act or omission, deliberately failed to follow the standard of practice generally accepted at the time of the forensic analysis that an ordinary forensic professional or entity would have exercised, and the deliberate act or omission would substantially affect the integrity of the results of a forensic analysis. An act or omission was deliberate if the actor was aware of and consciously disregarded an accepted standard of practice required for a forensic analysis.
8. (8) Professional negligence-means the actor, through a material act or omission, negligently failed to follow the standard of practice generally accepted at the time of the forensic analysis that an ordinary forensic professional or entity would have exercised, and the negligent act or omission would substantially affect the integrity of the results of a forensic analysis. An act or omission was negligent if the actor should have been but was not aware of an accepted standard of practice required for a forensic analysis.
9. (9) The term "would substantially affect the integrity of the results of a forensic analysis" does not necessarily require that a criminal case be impacted or a report be issued to a customer in error. The term includes acts or omissions that would call the integrity of the forensic analysis, the individual forensic examiner, or the laboratory as a whole into question regardless of outcome on the underlying criminal case.

Source Note:The provisions of this §651.302 adopted to be effective January 30, 2018, 43 TexReg 473.