TITLE 37. PUBLIC SAFETY AND CORRECTIONS

PART 15. TEXAS FORENSIC SCIENCE COMMISSION

CHAPTER 651. DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES

SUBCHAPTER D. PROCEDURE FOR PROCESSING COMPLAINTS AND LABORATORY SELF-DISCLOSURES

37 TAC §§651.301 - 651.308

The Texas Forensic Science Commission ("Commission") adopts new rules, Subchapter D, §§651.301 - 651.308, related to its policies and procedures for processing complaints and laboratory self-disclosures without changes to the proposed text as published in the November 24, 2017, issue of the Texas Register (42 TexReg 6603).

The new rules reflect adoptions made by the Commission at its November 3, 2017 quarterly meeting in accordance with Article 38.01 §4(a)-(b-2), Code of Criminal Procedure which describes the Commission's duty to develop and implement a reporting system through which crime labs may report professional negligence or professional misconduct, require a crime laboratory that conducts forensic analysis to report professional negligence or professional misconduct to the Commission, and investigate in a timely manner any allegation of professional negligence or professional misconduct that would substantially affect the integrity of the results of a forensic analysis conducted by a crime laboratory.

Summary of Comments. No comments were received regarding the new rules in this section.

Statutory Authority. The new rules are adopted under Article 38.01 §4(a)-(b-2), Code of Criminal Procedure.

Cross reference to statute. The new rules affect 37 Texas Administrative Code Chapter 651.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 10, 2018.

TRD-201800078

Leigh Savage

Associate General Counsel

Texas Forensic Science Commission

Effective date: January 30, 2018

Proposal publication date: November 24, 2017

For further information, please call: (512) 936-0661