37 Tex. Admin. Code § 28.92 - Minimum Standards

(a) A forensic DNA laboratory shall comply with the rules in this subchapter.

(b) Before conducting a DNA test, a forensic DNA laboratory shall:

(1) obtain accreditation in accordance with 37 TAC §§ 651.1- 651.1 1; and

(2) comply with the audit standards required by the laboratory's recognized accrediting body.

(c) A forensic DNA laboratory shall establish and maintain a procedure that requires prompt reporting of each substantial deficiency by the laboratory. Laboratory personnel shall promptly report an incident of substantial deficiency by the laboratory to appropriate authorities, including the laboratory's director, the director of the department, the laboratory's recognized accrediting body, and the appropriate prosecutor or other criminal justice or law enforcement agency. This section does not apply to a deficiency that laboratory personnel reasonably believe to be minor and not substantial.

(d) If a forensic DNA laboratory agrees or is required to report the results of an analysis, comparison, or other match to a criminal justice or law enforcement agency, the laboratory shall make reasonable efforts to submit the report to the agency no later than 30 days after completing its report of the comparison or match.

Notes

37 Tex. Admin. Code § 28.92

The provisions of this §28.92 adopted to be effective June 1, 2010, 35 TexReg 4437; Amended by Texas Register, Volume 42, Number 49, December 8, 2017, TexReg 6942, eff. 12/11/2017