37 TAC §28.93
The Texas Department of Public Safety proposes amendments
to §28.93, concerning Policy, Procedure, and Rule Compliance.
Amendment to the rule is necessary in order to reduce the number of
documents that DNA laboratories are required to submit to the Department
of Public Safety (DPS) every two years. DPS does not need the fifty
plus page Quality Assurance Audit Document, but merely needs the final
determination report by the Federal Bureau of Investigation that the
DNA laboratory audited met all of the quality assurance requirements
for forensic DNA testing laboratories.
Oscar Ybarra, Chief of Finance, has determined that for each year
of the first five-year period the rule is in effect there will be
no fiscal implications for state or local government or local economies.
In addition, Mr. Ybarra has also determined that for each year
of the first five-year period the rule is in effect, the public benefit
anticipated as a result of enforcing the rule will be current and
updated rules.
Mr. Ybarra also has determined that there will be no adverse economic
effect on small businesses or micro-businesses required to comply
with the section as proposed. There is no anticipated economic cost
to individuals who are required to comply with the rule as proposed.
There is no anticipated negative impact on local employment.
The Department has determined that this proposal is not a "major
environmental rule" as defined by Texas Government Code, §2001.0225.
"Major environmental rule" is defined to mean a rule that the specific
intent of which is to protect the environment or reduce risk 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 a 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 rule. Accordingly, the Department is not
required to complete a takings impact assessment regarding this rule.
Comments on the proposal may be submitted to D. Pat Johnson, Director,
Crime Laboratory Service, MSC 0460, Texas Department of Public Safety,
P.O. Box 4143, Austin, Texas 78765-4143, (512) 424-2143.
The amendment is proposed 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; and Texas Government Code, §§411.0205, 411.144, 411.147,
411.152, and 411.1471, which state the director by rule shall establish
an accreditation process for crime laboratories and other entitles
conducting forensic analyses of physical evidence for use in criminal
proceedings.
Texas Government Code, §§411.004(3), 411.0205, 411.144,
411.147, 411.152, and 411.1471 are affected by this proposal.
§28.93.Policy, Procedure, and Rule Compliance.
A CODIS user laboratory shall:
(1) comply with CODIS policy and with this chapter,
including the collection, preservation, shipment, and analysis of
a sample or specimen and access and use of the DNA database;
(2) follow the procedures established by the director
under this chapter and specified by the FBI, including the use of
comparable test procedures, profiles, laboratory equipment, supplies
and computer software;
(3) maintain accreditation under Subchapter H of this chapter; and
(4) be subject to the provision of the annual audit
described by the FBI DNA Quality Assurance Audit Document. The laboratory
shall inform the director within 30 days of the completion of
such annual audit, and shall provide the director with a copy of the
notification, by the FBI, of the determination on all external audits
within 30 days of receipt [submit to the director a copy
of the audit report along with its response to the audit no later
than 30 days after the date a laboratory either receives or completes
an audit report].
This agency hereby certifies that the proposal
has been reviewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office of the Secretary of State on June 29, 2009.
TRD-200902667
Lamar Beckworth
Director
Texas Department of Public Safety
Earliest possible date of adoption: August 9, 2009
For further information, please call: (512) 424-2135