TITLE 37. PUBLIC SAFETY AND CORRECTIONS

PART 15. TEXAS FORENSIC SCIENCE COMMISSION

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

SUBCHAPTER C. FORENSIC ANALYST LICENSING PROGRAM

The Texas Forensic Science Commission (Commission) adopts amendments to 37 Texas Administrative Code §651.203, Forensic Disciplines Subject to Commission Licensing; Categories of Licensure and §651.207, Forensic Analyst and Forensic Technician Licensing Requirements, Including Initial License Term and Fee, Minimum Education and Coursework, General Forensic Examination, Proficiency Monitoring, and Mandatory Legal and Professional Responsibility Training to: 1) correct a missing term in the title of §651.203; 2) remove the fee for a temporary forensic analyst license; and 3) clarify the Toxicologist (Interpretive) category of licensure is a type of forensic analyst license. The Commission adopts the amendments without changes to the text as published in the November 21, 2025 issue of the Texas Register (50 TexReg 7534). The rules will not be republished.

Reasoned Justification for the Rule. The adopted amendments relate to the elimination of an existing $100.00 fee for an application for temporary forensic analyst license. The amendments are needed to increase efficiency for certain criminal cases where prosecutors must utilize the forensic analysis and related testimony from accredited laboratories located outside of Texas that typically do not perform casework in Texas. Where a criminal action involves evidence in multiple states, the evidence may be collected and tested in one state but subsequently admitted in a Texas court. To enable those accredited out-of-state laboratories and qualified analysts to testify in compliance with the requirements of the Texas Code of Criminal Procedure articles 38.01 and 38.35, the Commission recognizes the out-of-state laboratory's accreditation and grants a temporary license to the forensic analyst who will testify in the case. This rule change eliminates the application fee associated with the license because commission staff has observed it creates an unnecessary administrative burden on the agencies requesting the license(s). It is in the interest of public safety and efficiency for the Commission to eliminate the fee. The adopted amendments related to the Toxicologist (Interpretive) category of licensure are necessary to clarify to end users in the criminal justice system that a Toxicologist (Interpretive) license covers all analyst and technician level activities as the highest category of licensure in toxicology offered by the Commission. Under the current rules, the title of the license Toxicologist (Interpretive) does not include the term "analyst," which could imply the license does not cover "analyst" level activities. The changes provide clarity that the license category covers all analyst and technician level categories of analysis for the toxicology discipline. Finally, the rule amends the title for rule §651.203 to add the missing word "Disciplines" to "Forensic Subject to Commission Licensing; Categories of Licensure."

Summary of Comments. The public comment period on the rule proposal began on November 21, 2025, and ended January 5, 2026. The Commission did not receive any comments.

Statutory Authority. The rule amendments are adopted under the general rulemaking authority provided in Code of Criminal Procedure, Article 38.01 §3-a and its authority to license forensic analysts under §4-a(b).

Cross reference to statute. Code of Criminal Procedure, Article 38.01.

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 February 12, 2026.

TRD-202600628

Leigh Tomlin

Associate General Counsel

Texas Forensic Science Commission

Effective date: March 4, 2026

Proposal publication date: November 21, 2025

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

37 TAC §651.216

The Texas Forensic Science Commission (Commission) adopts amendments to 37 Texas Administrative Code §651.216, Disciplinary Action, to harmonize language related to disciplinary actions by the Commission with the disciplinary action authority granted to the Commission in Code of Criminal Procedure, Article 38.01, Section 4-c as published in the November 21, 2025 issue of the Texas Register (50 TexReg 7539). The rule will not be republished.

Reasoned Justification for Rule. The adopted amendments align the Commission's rules for disciplinary actions related to licensees with the Commission's current statutory authority for disciplinary actions against a licensee in Code of Criminal Procedure, Article 38.01, Section 4-c. The Commission's current rule for licensees related to disciplinary actions begins with the term "Professional Misconduct," which may imply the Commission can only take disciplinary action against a licensee after a professional misconduct finding. Further, the rule does not reference "professional negligence" as another finding by which the Commission may take appropriate disciplinary action against a licensee. Code of Criminal Procedure, Article 38.01, Section 4-c authorizes the Commission to take disciplinary action on a determination by the Commission that a license holder has committed professional negligence or professional misconduct, violated the Commission's code of professional responsibility, or otherwise violated Code of Criminal Procedure, Article 38.01, or other rule or order of the Commission. The changes adopted herein reflect this authority.