37 Tex. Admin. Code § 28.212 - [Effective 7/3/2025] Mandatory Participation and Exemption
(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.
(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.
(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) 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) The
manager must respond to the request for exemption within 60 days of receipt of
the request.
(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.
(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.
(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.
(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.
Notes
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