TITLE 37. PUBLIC SAFETY AND CORRECTIONS

PART 1. TEXAS DEPARTMENT OF PUBLIC SAFETY

CHAPTER 13. CONTROLLED SUBSTANCES

SUBCHAPTER G. FORFEITURE AND DESTRUCTION

The Texas Department of Public Safety (the department) proposes amendments to §§13.151, 13.153, 13.160, 13.161, and 13.165, concerning Forfeiture And Destruction.

The rule changes are proposed for increased safety and efficiency of public safety personnel and property. Specifically, the addition of vape pens, a newer evidence type, to the excess quantity definition is proposed due to the fire hazard surrounding long-term battery storage. Other proposed changes allow for the usage of courts' electronic records when making destruction authorization decisions. In addition, the amendments place clear inventory requirements on law enforcement personnel for controlled substance property prior to destruction or submission to a crime laboratory. It also clarifies that destruction may occur after laboratory analysis without further inventory if the repackaging and seal remain intact and clarifies destruction procedures with no laboratory analysis. Additional amendments remove an outdated requirement to submit a report to the department's Narcotics Regulation Bureau, which no longer exists, and updates the division's name.

Alice Amilhat, Assistant Chief, Crime Laboratory Division, has determined that for each year of the first five-year period these rules are in effect there will be no fiscal implications for state or local government or local economies.

Ms. Amilhat has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities required to comply with the sections as proposed. There is no anticipated economic cost to individuals who are required to comply with the rules as proposed. There is no anticipated negative impact on local employment.

Ms. Amilhat has determined that for each year of the first five-year period the rules are in effect the public benefit anticipated as a result of these rules will be reduction in fire risk, improved evidence storage and law-enforcement decision-making, and increased efficiency of laboratory operations by reducing resources required for controlled substance destruction.

The department has determined this proposal is not a "major environmental rule" as defined by Texas Government Code, §2001.0225. "Major environmental rule" means a rule the specific intent of which is to protect the environment or reduce risks to human health from environmental exposure and that may adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, or the public health and safety of the state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.

The department has determined that Chapter 2007 of the Texas Government Code does not apply to this proposal. Accordingly, the department is not required to complete a takings impact assessment regarding this proposal.

The department prepared a Government Growth Impact Statement assessment for this proposed rulemaking. The proposed rulemaking does not create or eliminate a government program; will not require the creation of new employee positions nor eliminate current employee positions; will not require an increase or decrease in future legislative appropriations to the agency; nor will it require an increase or decrease in fees paid to the agency. The proposed rulemaking does not create a new regulation. The proposed rulemaking does not limit or repeal an existing regulation but does expand an existing regulation. The proposed rulemaking does not increase or decrease the number of individuals subject to its applicability. During the first five years the proposed rules are in effect, the proposed rules should not impact positively or negatively the state's economy.

Comments on the proposal may be submitted to Frances Navejas, Crime Laboratory Division, Department of Public Safety, 5800 Guadalupe Street, Austin, Texas 78752, or by email to Frances.Navejas@dps.texas.gov. Email submission only is preferred. Comments must be received no later than thirty (30) days from the date of publication of this proposal. Persons required to comply with the proposed rules or any other interested person may provide information to the department related to the cost, benefit, or effect of the proposed rule, including any applicable data, research, or analysis.

This proposal is made pursuant to Texas Health and Safety Code, §481.003, which authorizes the director to adopt rules to administer and enforce Chapter 481 and §481.154(a)(1) which authorizes the director to adopt reasonable rules and procedures concerning summary forfeiture and summary destruction of controlled substance property or plants.

Texas Health and Safety Code, §481.003 and §481.154(a)(1) are affected by this proposal.

§13.151. Subchapter Definitions.

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

(1) Abusable volatile chemical--Has the meaning given that term by the Texas Health and Safety Code, Chapter 485. In addition, abusable volatile chemicals also include any derivative products, such as, glues, aerosol paint, aerosol adhesives, aerosol spray air, and cement adhesives or any other product containing an abusable volatile chemical.

(2) Excess quantity--Unless otherwise modified under §13.157(d) of this title (relating to SOP for Destruction By Laboratory or Agency--Security Control), more than:

(A) one kilogram of bulk dry evidence, such as powder;

(B) 500 milliliters of bulk liquid evidence, such as a chemical precursor or liquid controlled substance;

(C) 200 dosage or abuse units of an item, such as tablets, capsules, liquids, or other items so measured;

(D) 250 grams of bulk packaged marihuana;

(E) five individual controlled substance plants, such as marihuana or peyote; [or]

(G) [(F)] five miscellaneous items of drug or inhalant paraphernalia.

(3) Hazardous material--An item that:

(A) creates a health or environmental hazard or prohibits safe storage because of its nature and quantity; or

(B) meets the hazardous waste criteria of the United States Environmental Protection Agency (EPA), because of its nature, including its corrosivity, ignitability, reactivity, toxicity, or other hazardous characteristic.

(4) Item--Controlled substance property, controlled substance plant, simulated controlled substance, volatile chemical or related inhalant paraphernalia, or abusable glue, aerosol paint, or related inhalant paraphernalia, as those terms are used in the Texas Health and Safety Code, Chapters 481 - 485.

(5) Laboratory--A crime laboratory located in this state that holds a registration number for the analysis of a controlled substance from the DEA.

(6) Lawful possession--Includes the possession of an item obtained in accordance with state or federal law.

(7) Simulated controlled substance--Has the meaning given that term by the Texas Health and Safety Code, Chapter 482.

(8) SOP--A standard operation procedure established under this subchapter.

§13.153. Item Legally Worthless as Criminal Evidence.

(a) Generally. This subchapter describes the documentation and security provisions to use once the decision to destroy has been made.

(b) Reasonable effort. Before a laboratory, law enforcement agency, or peace officer destroys an item under this subchapter, the director recommends but does not require a responsible party to make a reasonable effort to ensure the item:

(1) has no continuing evidentiary value or significance to any pending or contemplated criminal case; or

(2) is in excess quantity.

(c) If case filed. If a criminal case was filed involving an item, the person seeking destruction authorization or contemplating the giving of authorization to destroy must contact the office of the appropriate prosecutor or court or review relevant adjudication records before destruction to determine whether the item has any continuing evidentiary significance.

§13.160. Destruction Inventory - Security Control.

(b) [(a)] Destruction after [After] laboratory analysis. If destruction under this subchapter follows a laboratory analysis process that has resulted in adequate repackaging and sealing of an item, the director will deem a destruction inventory to be sufficient if the laboratory repackaging and seal remain intact prior to destruction. [if it consists of an inspection, accomplished without breaking the seal, in order to:]

§13.161. Witness Responsibility - Security Control.

(a) Generally. For purposes of accountability, at least two of the witnesses to a destruction under this subchapter must, during a process conducted immediately before the physical destruction of an item:

(1) examine each item in a manner sufficient to complete the destruction inventory required by this subchapter;

(2) compare that destruction inventory with each previous inventory of the item, if required by this subchapter, including one that may have been made as part of an evidence submission form, a laboratory analysis, or as part of the destruction authorization;

(3) examine each package for the integrity or breach of the package or seal;

(4) refuse to destroy an item that reasonably appears to have been tampered with or to be at variance with its purported count or weight; and

(5) ensure destruction of each item as soon as reasonably possible.

(b) Suspicious incident. Each witness must:

(1) investigate a suspicious incident or probable breach of security, including a discrepancy, loss, theft, or other potential diversion of an item to be destroyed; or

(2) report the incident or breach to an appropriate law enforcement agency or peace officer for investigation.

§13.165. Communication with Director (Crime Laboratory Division [Lab Service]).

If a person is required or allowed by this subchapter to make a notification, report, or other written, telephonic, or personal communication to the director, the person must make the communication to the director through the Crime Laboratory Division [Service] at the address indicated in §28.7 of this title (relating to Communications).

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on February 12, 2026.

TRD-202600624

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: March 29, 2026

For further information, please call: (512) 424-5848

CHAPTER 15. DRIVER LICENSE RULES

SUBCHAPTER D. DRIVER IMPROVEMENT

The Texas Department of Public Safety (the department) proposes amendments to §§15.82- 15.85, concerning Driver Improvement. The proposed amendments align the rules with House Bill 4804, 89th Leg., R.S. (2025), which repealed Texas Transportation Code, §521.297(b) and §522.087(b). The amendments are necessary to conform with statutory changes which were required for compliance with Federal Motor Carrier Safety Administration regulations necessitating the elimination of a hearing and appeal process for certain commercial driver license (CDL) disqualifications.

Cynthia Allison, Management Analyst, Driver License Division, has determined that for each year of the first five-year period these rules are in effect there will be no fiscal implications for state or local government or local economies.

Ms. Allison has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities required to comply with the sections as proposed. There is no anticipated economic cost to individuals who are required to comply with the rules as proposed. There is no anticipated negative impact on local employment.

Ms. Allison has determined that for each year of the first five-year period the rules are in effect the public benefit anticipated as a result of these rules will be the promotion of the state and federal mission to save lives, reduction of crashes and injuries related to commercial motor vehicle operations, and compliance with federal regulations for continued federal highway funds.

The department has determined this proposal is not a "major environmental rule" as defined by Texas Government Code, §2001.0225. "Major environmental rule" means a rule the specific intent of which is to protect the environment or reduce risks to human health from environmental exposure and that may adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, or the public health and safety of the state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.

The department has determined that Chapter 2007 of the Texas Government Code does not apply to this proposal. Accordingly, the department is not required to complete a takings impact assessment regarding this proposal.

The department prepared a Government Growth Impact Statement assessment for this proposed rulemaking. The proposed rulemaking does not create or eliminate a government program; will not require the creation of new employee positions nor eliminate current employee positions; will not require an increase or decrease in future legislative appropriations to the agency; nor will it require an increase or decrease in fees paid to the agency. The proposed rulemaking does not create a new regulation. The proposed rulemaking does limit an existing regulation but does not expand or repeal it. The proposed rulemaking does not increase or decrease the number of individuals subject to its applicability. During the first five years the proposed rule is in effect, the proposed rule should not impact positively or negatively the state's economy.

Comments on the proposal may be submitted to Cynthia Allison, Driver License Division, Texas Department of Public Safety, P.O. Box 4087 (MSC 0300), Austin, Texas 78773; by fax to (512) 424-5233, or by email to DLDrulecomments@dps.texas.gov. Email submission only is preferred. Comments must be received no later than thirty (30) days from the date of publication of this proposal. Persons required to comply with the proposed rules or any other interested person may provide information to the department related to the cost, benefit, or effect of the proposed rule, including any applicable data, research, or analysis.

This proposal is made pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; Texas Transportation Code, §521.005, which authorizes the department to adopt rules necessary to administer Chapter 521, Driver's Licenses; Texas Transportation Code §521.291, which authorizes the department to adopt rules to administer Subchapter N, General Provisions Relating to License Denial, Suspension, or Revocation; Texas Transportation Code §522.005, which authorizes the department to adopt rules necessary to administer Chapter 522, Commercial Driver's Licenses; and House Bill 4804, 89th Leg., R.S. (2025), which repeals Texas Transportation Code, §521.297(b) and §522.087(b).

Texas Government Code, §411.004(3); Texas Transportation Code, §521.005, §521.291, §521.297(b), and Subchapter N of Chapter 521; and Texas Transportation Code, §522.005, §522.087(b), and Subchapter H of Chapter 522 are affected by this proposal.

§15.82. Notice or Order of Suspension, Disqualification or Revocation[, Order of Suspension, Disqualification and Revocation].

(a) Notice of the department's determination of suspension, disqualification or revocation will be mailed to the licensee's mailing address or address of record by first class mail.

(b) The notification will include the statutory grounds for the department's action and include:[, effective dates of the suspension, disqualification, or revocation, the persons right to a hearing, how to request the hearing, and the time period in which the person can request the hearing.]

(c) The notice of suspension, revocation or disqualification shall be mailed by the department on the date of the notice. It is presumed received five days after that date.

(d) If the licensee does not request a timely hearing or a judge affirms the department's action, the department will mail to the licensee's mailing address or address of record an order of suspension[,] or revocation [or disqualification]. The order will contain the dates of the suspension[,] or revocation[, or disqualification], and any necessary information for the reinstatement of the license. If the department has been notified that the address of record is no longer valid, a notice will not be mailed.

§15.83. Hearing Requests.

(a) Hearing request must be in writing, correct and timely. In order to be considered timely, a hearing request containing all the information set forth in subsection (b) of this section must be received by the 15th day after the notice is presumed to have been received, according to the records of the department.

(b) The hearing request must contain the following information:

(1) full legal name;

(2) date of birth; and

(3) driver license number.

(c) The written hearing request must [may] be mailed, e-mailed or faxed to the department's Driver Improvement and Compliance Bureau in Austin at the address, e-mail address or fax number provided on the notice of suspension[,] or revocation [or disqualification].

(d) A hearing request that fails to include one or more of the items of information required by subsection (b) of this section, or provides incorrect information, will not be deemed to be timely or correctly received. Nothing in this section is intended to prevent a person making a hearing request from supplementing or correcting information contained in a hearing request, provided that such supplementation or correction is received by the department before the deadline for requesting a hearing as set out in subsection (a) of this section.

(e) A hearing request that is not delivered to the department in the manner prescribed in subsection (c) of this section will not be honored.

(f) The department shall reject any untimely or incorrectly filed hearing requests. When a hearing request is received and rejected, the department shall mail written notice to the individual that the hearing request was received and rejected, and state the reason for the rejection.

(g) Upon receipt of a timely and correctly submitted hearing request the department shall schedule a hearing on the matter and mail written notification of the hearing date and time.

(h) If the licensee clearly denotes on the hearing request a residence address different than what is on file with the department, the department will schedule the hearing according to the new address. This report of an alternate address will not constitute a change of address and will not update the licensee's official driver record. The licensee must also file a change of address form with the department, in accordance with Texas Transportation Code, §521.054.

§15.84. Hearing.

(a) The hearing will be scheduled by the department in the county of residence as indicated in the department's records at the time the notice was mailed to the individual or as provided by the licensee on the hearing request.

(b) If the licensee is no longer a resident of Texas, the hearing will be scheduled in the last known county of residence, as indicated in the department's records.

(c) A request to reschedule or continue the hearing must be made through the court and the department's hearing examiner. Phone number and addresses of both parties will be provided in the hearing notification.

(d) The presiding officer will make a determination on the evidence provided at the hearing. If the presiding officer affirms the department's recommendation to suspend or revoke the driver license [or to disqualify the commercial driver license], the length of the suspension or revocation [disqualification] shall be set according to the appropriate statute. The presiding officer may probate the suspension of a driver license. Revocations [and disqualifications] cannot be probated.

(e) Evidence from the department may include a certified copy of the driving record, reliable report, or other documents maintained by the department. If the person does not have a Texas driver license the department may introduce a copy of the driver history information maintained by the department.

§15.85. Appeals.

(a) A licensee may appeal an affirmative finding by the presiding judge.

(b) The 30-day period for filing an appeal begins the date the department's suspension[,] or revocation [or disqualification] order is dated and mailed.

(c) To perfect service on the department of a judicial appeal of a final order of the presiding officer, a defendant must send a file-stamped copy of the defendant's appeal petition certified by the clerk of the court in which the petition is filed, to the department's Driver Improvement and Compliance Bureau at its headquarters in Austin. A suspension will not be stayed until service is perfected according to this subsection.

(d) A 90-day stay will be effective from the date the Driver Improvement and Compliance Bureau receives the certified file-stamped petition. If there has not been a final decision by the appellate court, on the 91st day the department shall impose the suspension, probated suspension, [disqualification,] or revocation.

(e) If an affirmative finding by the presiding officer is reversed on appeal, the appellant shall notify the department by mailing a file-stamped copy of the judgment from the appellate court to the department's Driver Improvement and Compliance Bureau in Austin. This address is provided on the original notice of suspension[,] or revocation [or disqualification]. Upon verification, the department shall lift the suspension[,] or revocation [or disqualification], which will be indicated on the individual's driving record.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on February 12, 2026.

TRD-202600626

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: March 29, 2026

For further information, please call: (512) 424-5848

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) proposes an amendment to rule 37 Texas Administrative Code §651.7, Disciplines Exempt from Commission Accreditation Requirements by Administrative Rule to exempt from accreditation requirements examinations or tests performed on non-lethal munitions. This Commission amendment is necessary to reflect a rule proposal made by the Commission at its January 30, 2026 quarterly meeting.

Reasoned Justification for Rule Amendment. The rule amendment exempts from accreditation requirements any forensic analysis performed on non-lethal munitions devices commonly used by law enforcement to incapacitate or deter without causing permanent injury or death. Under Article 38.35 of the Code of Criminal Procedure, laboratories conducting firearms/toolmarks analysis must be accredited by the Commission. Because non-lethal munitions testing falls within this category, accreditation is required. However, no accredited providers currently offer this specialized analysis, limiting access for both prosecutors and defendants and creating constitutional due process barriers for defendants.

One-for-One Rule Requirement for Rules with a Fiscal Impact. Because Leigh M. Tomlin, Associate General Counsel of the Commission, has determined that the rule does not have a fiscal impact that imposes a cost on a regulated person, including another state agency, a special district, or a local government, the agency is not required to take further action under Government Code § 2001.0045.

Fiscal Note. Ms. Tomlin has determined that for each year of the first five years the proposed amendment will be in effect, there will be no fiscal impact to state or local governments as a result of the enforcement or administration of the amendment. The proposed amendment exempts certain non-lethal munitions firearms/toolmarks analysis from mandatory accreditation and licensing requirements.

Rural Impact Statement. The Commission expects no adverse economic effect on rural communities as the proposed amendment does not impose any direct costs or fees on municipalities in rural communities. The proposed amendment exempts certain non-lethal munitions firearms/toolmarks analysis from mandatory accreditation and licensing requirements.

Public Benefit/Cost Note. Ms. Tomlin has also determined that for each year of the first five years the proposed amendment is in effect, the anticipated public benefit includes increased access to experts available to evaluate and analyze this type of evidence.

Economic Impact Statement and Regulatory Flexibility Analysis for Small and Micro Businesses. As required by the Government Code §2006.002(c) and (f), Ms. Tomlin has determined that the proposed amendment will not have an adverse economic effect on any small or micro business because the rule does not impose any economic costs to these businesses.

Takings Impact Assessment. Ms. Tomlin has determined that no private real property interests are affected by this proposal and that this proposal does not restrict or limit an owner's right to property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking or require a takings impact assessment under the Government Code §2007.043.

Environmental Rule Analysis. Ms. Tomlin has determined that the proposed rule is not brought with the specific intent to protect the environment or reduce risks to human health from environmental exposure; thus, the Commission asserts that this proposed rule is not a "major environmental rule," as defined by Government Code § 2001.0225. As a result, the Commission asserts that the preparation of an environmental impact analysis, as provided by Government Code §2001.0225, is not required.

Government Growth Impact Statement. Ms. Tomlin has determined that for the first five-year period, implementation of the proposed amendment will have no government growth impact as described in Title 34, Part 1, Texas Administrative Code §11.1. Pursuant to the analysis required by Government Code 2001.221(b): 1) the proposed amendment does not create or eliminate a government program; 2) implementation of the proposed amendment does not require the creation of new employee positions or the elimination of existing employee positions; 3) implementation of the proposed amendment does not increase or decrease future legislative appropriations to the agency; 4) the proposed amendment does not require a fee; 5) the proposed amendment does not create a new regulation; 6) the proposed amendment does not expand, limit, or repeal an existing regulation but rather clarifies that a forensic analysis performed on non-lethal munitions is exempt from crime laboratory accreditation requirements; 7) the proposed amendment does not increase the number of individuals subject to regulation; and 8) the proposed amendment has a neutral effect on the state's economy.

Requirement for Rule Increasing Costs to Regulated Persons. Ms. Tomlin has determined that there are no anticipated increased costs to regulated persons as the proposed amendment does not impose any fees or costs.

Public Comment. The Commission invites comments on the proposal from any member of the public. Please submit comments to Leigh M. Tomlin, 1700 North Congress Avenue, Suite 445, Austin, Texas 78701 or leigh@fsc.texas.gov. Comments must be received by April 14, 2026 to be considered by the Commission.

Statutory Authority. The amendment is made in accordance with the Commission's accreditation authority under Code of Criminal Procedure, Art. 38.01 §4-d(c), which establishes that the Commission may add crime laboratory accreditation exemptions, and the Commission's rulemaking authority under Art. 38.01 §3-a, which directs the Commission to adopt rules necessary to implement Code of Criminal Procedure, Art. 38.01.

Cross reference to statute. The proposal amends rule 37 Texas Administrative Code §651.7.

§651.7. Disciplines Exempt from Commission Accreditation Requirements by Administrative Rule.

(a) The Commission has exempted the following categories of forensic analysis from the accreditation requirement by administrative rule:

(1) sexual assault examination of a person;

(2) forensic anthropology, entomology, or botany;

(3) environmental testing;

(4) facial or traffic accident reconstruction;

(5) serial number restoration;

(6) polygraph examination;

(7) voice stress, voiceprint, or similar voice analysis;

(8) statement analysis;

(9) forensic odontology for purposes of human identification or age assessment, not to include bite mark comparison related to patterned injuries;

(10) testing and/or screening conducted for sexually transmitted diseases;

(11) fire scene investigation, including but not limited to cause and origin determinations;

(12) forensic photography;

(13) non-criminal paternity testing;

(14) non-criminal testing of human or nonhuman blood, urine, or tissue, including but not limited to workplace/employment drug testing;

(15) the location, identification, collection, or preservation of physical evidence at a crime scene;

(16) crime scene reconstruction;

(17) confirmatory testing of a human specimen in a laboratory either accredited by the College of American Pathologists (CAP) forensic drug testing program, or certified by the Centers for Medicare and Medicaid Services of the Department of Health and Human Services (HHS/CMS) under the Clinical Laboratory Improvement Amendments of 1988 (CLIA), or the Substance Abuse and Mental Health Services Administration of the Department of Health and Human Services (SAMHSA/HHS) limited to analysis of urine testing for approved classes of drugs. This is for the purposes of referring, offering, or making available treatment, diversion, intervention, or monitoring conducted by or under contract with a community supervision and corrections department, the parole division of the Texas Department of Criminal Justice, the Board of Pardons and Paroles, or another governmental entity. The results of such testing are subsequently entered into evidence in an action to revise or revoke the terms of an individual's bail, bond, community supervision, or parole;

(18) document examination, including document authentication, physical comparison, and product determination;

(19) other evidence processing or handling that is excluded under §651.2(2) of this title (relating to Definitions); [or]

(20) determination of National Integrated Ballistic Information Network (NIBIN) suitability limited to triaging or grouping multiple items of evidence for NIBIN entry and assessing a set of test fires for purposes of NIBIN entry as well as corresponding NIBIN entry. The suitability assessment may include test-firing, but only if no physical modification is made to the firearm other than what occurs during the act of test-firing the weapon, and subject to the condition that the test fire is for NIBIN suitability only and will not be used for comparison purposes or for determination of functionality; or[.]

(b) A request for exemption for any discipline not listed in this subsection shall be submitted in writing to the Commission.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on February 12, 2026.

TRD-202600627

Leigh Tomlin

Associate General Counsel

Texas Forensic Science Commission

Earliest possible date of adoption: March 29, 2026

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

The Texas Forensic Science Commission (Commission) proposes an amendment to rule 37 Texas Administrative Code §651.219, Code of Professional Responsibility (Code) to clarify that the Code applies to unaccredited law enforcement agencies performing forensic analysis. The change clarifies that crime laboratory managers at unaccredited law enforcement agencies are not required to comply with the Code. A commission amendment is necessary to reflect a rule proposal made by the Commission at its January 30, 2026 quarterly meeting.

Reasoned Justification for Rule Amendment. The Commission's Code governs all licensed forensic analysts and forensic technicians, as well as crime laboratory managers employed by accredited laboratories under the Commission's jurisdiction. It does not extend to managers of forensic science service providers (crime laboratories) working within unaccredited law enforcement agencies. Numerous unaccredited entities encourage employees to pursue voluntary forensic analyst licensure by the Commission, contributing to continued improvement of the integrity and reliability of forensic practices in Texas courts. Licensed analysts and technicians are bound by the Code, whereas their unlicensed supervisors in unaccredited settings are not, given the Commission's limited jurisdiction. This proposed rule amendment clarifies this regulatory distinction, informs the forensic community and the Commission's law enforcement partners, and encourages broader participation in the voluntary licensing program.

One-for-One Rule Requirement for Rules with a Fiscal Impact. Leigh M. Tomlin, Associate General Counsel of the Commission, has determined that the rule does not have a fiscal impact that imposes a cost on a regulated person, including another state agency, a special district, or a local government, the agency is not required to take further action under Government Code § 2001.0045.

Fiscal Note. Ms. Tomlin has determined that for each year of the first five years the proposed amendment will be in effect, there will be no fiscal impact to state or local governments as a result of the enforcement or administration of the amendment.

Rural Impact Statement. The Commission expects no adverse economic effect on rural communities as the proposed amendment does not impose any direct costs or fees on municipalities in rural communities.

Public Benefit/Cost Note. Ms. Tomlin has also determined that for each year of the first five years the proposed amendment is in effect, the anticipated public benefit is to clarify to the forensic community and the Commission's law enforcement partners that, while licensed analysts and technicians are bound by the Code, their unlicensed supervisors in unaccredited crime laboratory settings are not.

Economic Impact Statement and Regulatory Flexibility Analysis for Small and Micro Businesses. As required by the Government Code § 2006.002(c) and (f), Ms. Tomlin has determined that the proposed amendment will not have an adverse economic effect on any small or micro business because the rule does not impose any economic costs to these businesses.

Takings Impact Assessment. Ms. Tomlin has determined that no private real property interests are affected by this proposal and that this proposal does not restrict or limit an owner's right to property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking or require a takings impact assessment under the Government Code §2007.043.

Environmental Rule Analysis. Ms. Tomlin has determined that the proposed rule is not brought with the specific intent to protect the environment or reduce risks to human health from environmental exposure; thus, the Commission asserts that this proposed rule is not a "major environmental rule," and defined by Government Code § 2001.0225. As a result, the Commission asserts that the preparation of an environmental impact analysis, as provided by Government Code §2001.0225, is not required.

Government Growth Impact Statement. Ms. Tomlin has determined that for the first five-year period, implementation of the proposed amendment will have no government growth impact as described in Title 34, Part 1, Texas Administrative Code §11.1. Pursuant to the analysis required by Government Code 2001.221(b): 1) the proposed amendment does not create or eliminate a government program; 2) implementation of the proposed amendment does not require the creation of new employee positions or the elimination of existing employee positions; 3) implementation of the proposed amendment does not increase or decrease future legislative appropriations to the agency; 4) the proposed amendment does not require a fee; 5) the proposed amendment does not create a new regulation; 6) the proposed amendment does not expand, limit, or repeal an existing regulation; 7) the proposed amendment does not increase the number of individuals subject to regulation; and 8) the proposed amendment has a neutral effect on the state's economy.

Requirement for Rule Increasing Costs to Regulated Persons. Ms. Tomlin has determined that there are no anticipated increased costs to regulated persons as the proposed amendments do not impose any fees or costs.

Public Comment. The Commission invites comments on the proposal from any member of the public. Please submit comments to Leigh M. Tomlin, 1701 North Congress Avenue, Suite 6-107, Austin, Texas 78701 or leigh@fsc.texas.gov. Comments must be received by April 14, 2026 to be considered by the Commission.

Statutory Authority. The amendments are made in accordance with the Commission's forensic analyst licensing authority under Code of Criminal Procedure, Article 38.01 §4-a(d)(1) which requires the Commission to establish rules for qualifications for a forensic analyst license, Code of Criminal Procedure, Article 38.01 §3-b which requires the Commission to adopt a code of professional responsibility to regulate the conduct of persons, laboratories, facilities, and other entities regulated by the Commission, and the Commission's general rulemaking authority under Article 38.01 § 3-a which directs the Commission to adopt rules necessary to implement Code of Criminal Procedure, Art. 38.01.

Cross reference to statute. The proposal amends rule 37 Texas Administrative Code §651.219.

§651.219. Code of Professional Responsibility.

(a) Code of Professional Responsibility for Forensic Analysts, Forensic Technicians, and Crime Laboratory Management Subject to the Jurisdiction of the Texas Forensic Science Commission. The Code of Professional Responsibility ("Code") for forensic analysts, forensic technicians, and crime laboratory management defines a framework for promoting integrity and respect for the scientific process and encouraging transparency in forensic analysis. Forensic analysts, forensic technicians, and crime laboratory management subject to the Commission's jurisdiction are expected to abide by this Code in all forensic science-related professional activities regardless of the geographic location where the activities are performed. Because certain components of the Code are best suited to individual forensic analysts or technicians while others are best suited to crime laboratory management, the Code is divided into two sections.

(b) Each person licensed by the Commission [forensic analyst] shall:

(1) Accurately represent his/her education, training, experience, and areas of expertise.

(2) Commit to continuous learning in the forensic disciplines and stay abreast of new findings, equipment and techniques to maintain professional competency.

(3) Promote validation and incorporation of new technologies, guarding against the use of non-valid methods in casework and the misapplication of validated methods.

(4) Avoid tampering, adulteration, loss, or unnecessary consumption of evidentiary materials.

(5) Avoid participation in any case where there are personal, financial, employment-related or other conflicts of interest.

(6) Conduct thorough, fair and unbiased examinations, leading to independent, impartial, and objective opinions and conclusions.

(7) Make and retain full, contemporaneous, clear and accurate written records of all examinations and tests conducted and conclusions drawn, in sufficient detail to allow meaningful review and assessment by an independent person competent in the field.

(8) Base conclusions on procedures supported by sufficient data, standards and controls, not on political pressure or other outside influence.

(9) Not offer opinions or conclusions that are outside one's expertise.

(10) Prepare reports in clear terms, distinguishing data from interpretations and opinions, and disclosing any relevant limitations to guard against making invalid inferences or misleading the judge or jury.

(11) Not issue reports or other records, or withhold information from reports for strategic or tactical litigation advantage.

(12) Present accurate and complete data in reports, oral and written presentations and testimony based on good scientific practices and valid methods.

(13) Testify in a manner which is clear, straightforward and objective, and avoid phrasing testimony in an ambiguous, biased or misleading manner.

(14) Retain any record, item or object related to a case, such as work notes, data, and peer or technical review information due to potential evidentiary value and pursuant to the laboratory's retention policy.

(15) Communicate honestly and fully with all parties (investigators, prosecutors, defense attorneys, and other expert witnesses), unless prohibited by law.

(16) Document and notify management or quality assurance personnel of adverse events, such as an unintended mistake or a breach of ethical, legal, scientific standards, or questionable conduct.

(17) Ensure reporting, through proper management channels, to all impacted scientific and legal parties of any adverse event that affects a previously issued report or testimony.

(c) Members of [crime laboratory] management in crime laboratories for which accreditation is required shall:

(1) Encourage a quality-focused culture that embraces transparency, accountability and continuing education while resisting individual blame or scapegoating.

(2) Provide opportunities for forensic analysts to stay abreast of new scientific findings, technology and techniques while guarding against the use of non-valid methods in casework, the misapplication of validated methods or improper testimony regarding a particular analytical method or result.

(3) Maintain case retention and management policies and systems based on the presumption that there is potential evidentiary value for any information related to a case, including work notes, analytical and validation data, and peer or technical review.

(4) Provide clear communication and reporting systems through which forensic analysts may report to management non-conformities in the quality system and other adverse events, such as an unintended mistake or a breach of ethical, legal, scientific standards, or questionable conduct.

(5) Make timely and full disclosure to the Texas Forensic Science Commission of any non-conformance that may rise to the level of professional negligence or professional misconduct.

(6) Provide copies of all substantive communications with the laboratory's national accrediting body to the Commission.

(7) For any laboratory that performs forensic analysis on behalf of the State of Texas, develop and follow a written forensic disclosure compliance policy for the purpose of ensuring the laboratory's compliance with article 39.14 of the Texas Code of Criminal Procedure.

(8) Ensure the laboratory's forensic disclosure policy provides clear instructions for identifying and disclosing any exculpatory, impeachment, or mitigating document, item, or information in the possession, custody, or control of the laboratory. The policy should explicitly address how to inform potentially affected recipients of any non-conformances or breaches of law or ethical standards that may adversely affect either a current case or a previously issued report or testimony.

(9) Inform all forensic analysts working on behalf of the laboratory that they may report allegations of professional negligence or professional misconduct to the Texas Forensic Science Commission without fear of adverse employment consequences.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on February 12, 2026.

TRD-202600630

Leigh Tomlin

Associate General Counsel

Texas Forensic Science Commission

Earliest possible date of adoption: March 29, 2026

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

SUBCHAPTER G. TEXAS FORENSIC ANALYST APPRENTICESHIP PILOT PROGRAM

The Texas Forensic Science Commission (Commission) proposes new Subchapter G to establish the Texas Forensic Analyst Apprenticeship Pilot Program (TFAAPP) that includes new rules 1) §651.601 Purpose; 2) §651.602 Definitions; and 3) §651.603 Accredited Crime Laboratory Eligibility Requirements for the TFAAPP.

Background and Justification. Subchapter G responds to the 89th Texas Legislature's Senate Bill 1620, which requires the Office of Court Administration (OCA, the agency to which the Commission is administratively attached) to collaborate with the Commission to establish and administer a Texas forensic analyst apprenticeship pilot program focused on increasing the forensic science workforce capacity in the State. Specifically, the bill requires the Commission to adopt eligibility requirements for: (1) individuals who may apply for an apprentice position under the pilot program; and (2) publicly funded accredited crime laboratories that may apply to sponsor an apprentice under the pilot program. The rules proposed herein establish: 1) the TFAAPP program; 2) the components required for an individual to qualify for an apprenticeship; and 3) the components required for a publicly funded accredited crime laboratory to qualify for an award by the Commission to sponsor an apprenticeship position.

Fiscal Note. Leigh M. Tomlin, Associate General Counsel of the Commission, has determined that for each year of the first five years the proposed new rules are in effect, there will be no fiscal impact to state or local governments, as a result of the administration of the proposal. The 89th Texas Legislature allocated specific funding to the OCA under its directive to establish the TFAAPP. TFAAPP funds allotted to the OCA will support the salaries of all selected apprentices across publicly funded laboratories at the state, county, and city level.

Local Employment Impact Statement. Pursuant to Texas Government Code §2001.022, the proposed new Subchapter has minimal to no effect on local economy. While the program may support one or two new forensic analyst positions at a local, publicly funded crime laboratory, the program is not necessarily intended to impact the number of available positions in any particular local economy and forensic analysts are selected from a pool of applicants that could be from inside or (more likely) outside any particular local community.

Public Benefit. Ms. Tomlin has also determined that for each year of the first five years the new rules are in effect, the anticipated public benefit is increased efficiency and capacity of available forensic scientists for publicly funded crime laboratories to support the State's criminal justice system at the state, county, and city levels. The proposed new subchapter establishes an apprenticeship program focused on increasing the forensic science workforce capacity across publicly funded crime laboratories in the State that face challenges in finding qualified candidates sufficient to support the workload.

Fiscal Impact on Small and Micro-businesses and Rural Communities. There is no adverse economic effect anticipated for small businesses, micro-businesses, or rural communities, as a result of implementing the proposed new subchapter. Accordingly, no economic impact statement or regulatory flexibility analysis is required under Texas Government Code §2006.002(c).

Takings Impact Assessment. Ms. Tomlin has determined that no private real property interests are affected by this proposal and that this proposal does not restrict or limit an owner's right to property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking or require a takings impact assessment under the Government Code §2007.043.

Government Growth Impact Statement. Ms. Tomlin has determined that for the first five-year period, implementation of the proposed new subchapter will have some government growth impact as described in Title 34, Part 1, Texas Administrative Code §11.1. Pursuant to the analysis required by Government Code § 2001.221(b): 1) the proposed new subchapter creates a new government program, the TFAAPP; 2) while implementation of the proposed new subchapter creates new employee positions, the positions are funded by the OCA and awarded to qualifying publicly funded crime laboratories; 3) implementation of the proposed new subchapter does not increase or decrease future legislative appropriations to OCA or the Commission; 4) the proposed new subchapter does not require a fee; 5) the proposed new subchapter does not create a new regulation as participation in the program is voluntary; 6) the proposed new subchapter does not expand, limit, or repeal an existing regulation; 7) the proposed new subchapter does not increase or decrease the number of individuals subject to regulation; and 8) the proposed new subchapter has minimal to no effect on the State's economy.

Environmental Rule Analysis. The Commission has determined that the proposed new subchapter is not brought with specific intent to protect the environment or reduce risks to human health from environmental exposure; thus, the Commission asserts that the proposed rules are not a "major environmental rule," as defined in Government Code §2001.0225. As a result, the Commission asserts the preparation of an environmental impact analysis, as provided by §2001.0225, is not required.

Request for Public Comment. The Commission invites comments on the proposal from any member of the public. Please submit comments to Leigh M. Tomlin, 1701 North Congress Avenue, Suite 6-107, Austin, Texas 78701 or leigh@fsc.texas.gov. Comments must be received by April 14, 2026 to be considered by the Commission.

Statutory Authority. The Commission proposes the new subchapter G under Government Code §§72.201-.203, and the Commission's general rulemaking authority provided in Code of Criminal Procedure, Article 38.01 §3-a.

Cross reference to statute. The proposal affects Government Code §§72.201-.203.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on February 12, 2026.

TRD-202600631

Leigh Tomlin

Associate General Counsel

Texas Forensic Science Commission

Earliest possible date of adoption: March 29, 2026

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