TITLE 37. PUBLIC SAFETY AND CORRECTIONS

PART 11. TEXAS JUVENILE JUSTICE DEPARTMENT

CHAPTER 380. RULES FOR STATE-OPERATED PROGRAMS AND FACILITIES

SUBCHAPTER E. BEHAVIOR MANAGEMENT AND YOUTH DISCIPLINE

SUBCHAPTER F. SECURITY AND CONTROL

The Texas Juvenile Justice Department (TJJD) adopts the repeal of 37 TAC §380.9739, Isolation, as published in the May 16, 2025, issue of the Texas Register (50 TexReg 2957). The repeal will not be republished.

JUSTIFICATION

Section 380.9739 is proposed for repeal so that its content can be revised and included in a new version of 37 TAC §380.9520.

PUBLIC COMMENTS

TJJD did not receive any public comments on the proposed rulemaking action.

STATUTORY AUTHORITY

The repeal is adopted under §242.003, Human Resources Code, which requires the Board to adopt rules appropriate to properly accomplish TJJD's functions and to adopt rules for governing TJJD schools, facilities, and programs.

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 August 14, 2025.

TRD-202502869

Jana Jones

General Counsel

Texas Juvenile Justice Department

Effective date: September 15, 2025

Proposal publication date: May 16, 2025

For further information, please call: (512) 490-7278

The Texas Juvenile Justice Department (TJJD) adopts new 37 TAC §380.9742, Security Unit Admission Pending Program or Facility Transition, without changes to the proposed text as published in the May 16, 2025, issue of the Texas Register (50 TexReg 2958). The new rule will not be republished.

JUSTIFICATION

New §380.9742 establishes criteria and procedures for temporarily allowing youth to be admitted to the security unit while awaiting transportation to another high-restriction facility within 48 hours, transportation to the Correctional Institutions Division of the Texas Department of Criminal Justice, transportation to a court hearing, or reassignment to the intervention program within TJJD.

PUBLIC COMMENTS

TJJD did not receive any public comments on the proposed rulemaking action.

STATUTORY AUTHORITY

The new section is adopted under §242.003, Human Resources Code, which requires the board to adopt rules appropriate to the proper accomplishment of TJJD's functions and to adopt rules for governing TJJD schools, facilities, and programs.

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 August 14, 2025.

TRD-202502871

Jana Jones

General Counsel

Texas Juvenile Justice Department

Effective date: September 15, 2025

Proposal publication date: May 16, 2025

For further information, please call: (512) 490-7278

PART 15. TEXAS FORENSIC SCIENCE COMMISSION

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

SUBCHAPTER A. ACCREDITATION

The Texas Forensic Science Commission (Commission) adopts amendments to 37 Texas Administrative Code §651.5, Forensic Disciplines Subject to Commission Accreditation, without changes to the text as published in the May 9, 2025 issue of the Texas Register (50 TexReg 2755), to distinguish Rapid DNA analysis as its own forensic discipline for accreditation purposes consistent with actions taken by the ANSI National Accreditation Board (ANAB) and the American Association for Laboratory Accreditation (A2LA), the two accrediting bodies currently recognized by the Commission under 37 Texas Administrative Code §651.4(a). Rapid DNA analysis is the fully automated (hands-free) process of developing a CODIS acceptable STR profile from a casework reference or forensic sample. The "swab in- profile out" process consists of automated extraction, amplification, separation, detection and allele calling without human intervention. The rule will not be republished.

Reasoned Justification for Rule. The Commission adopts these amendments in response to an announcement by the Federal Bureau of Investigation (FBI) of a change to its Quality Assurance Standards (QAS) that authorizes crime scene samples processed utilizing Rapid DNA technology to be uploaded and searched in the Combined DNA Index System (CODIS) as long as certain requirements are met. The FBI adopted new rules (effective July 1, 2025) to allow law enforcement to utilize Rapid DNA technology within the umbrella of the existing accreditation of a crime laboratory. This FBI rule change, in turn, sparked changes in the way the accrediting bodies recognized by the Commission categorize Rapid DNA analysis. Whereas previously, Rapid DNA technology was classified within the general category of forensic biology/DNA analysis, it now has its own distinct category. The proposed amendments make this same change to the Commission's administrative rules. The goal is to ensure consistency and clarity between the FBI's rules, the approach taken by recognized accrediting bodies, and the Commission's administrative rules.

Summary of Comments. The public comment period on the rule proposal began on May 9, 2025 and ended on June 10, 2025. The Commission did not receive any comments.

Statutory Authority. The rule amendments are adopted under the Commission's general rulemaking authority provided in Code of Criminal Procedure, Article 38.01 § 3-a and its authority to establish an accreditation process for crime laboratories and other entities conducting forensic analyses of physical evidence for use in criminal proceedings provided in Code of Criminal Procedure, Article 38.01 § 4-d and Article 38.35(a)(4)(D).

Cross reference to statute. Code of Criminal Procedure, Article 38.01 § 4-d and Code of Criminal Procedure, Article 38.35(a)(4)(D).

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 August 18, 2025.

TRD-202502956

Leigh Tomlin

Associate General Counsel

Texas Forensic Science Commission

Effective date: September 7, 2025

Proposal publication date: May 9, 2025

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

SUBCHAPTER C. FORENSIC ANALYST LICENSING PROGRAM

The Forensic Science Commission (Commission) adopts amendments to 37 Texas Administrative Code §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 without changes to the text as published in the May 9, 2025 issue of the Texas Register (50 TexReg 2757) and will not be republished. The rule adoption changes the requirement for minimum coursework for commission-licensed forensic biology/DNA analysts to mirror the Federal Bureau of Investigation's Quality Assurance Standards (FBI QAS) coursework requirements in place at the time of the analyst's application for licensure with the Commission. Coursework requirements are academic classes officially recognized and taught through an accredited college or university program in which the participating student (applicant) successfully completed and received one or more credit hours for the class. Under current commission rules, analysts must comply with coursework requirements from a soon-to-be outdated version of the FBI QAS to qualify for licensure by the Commission. The FBI recently announced an update of its Quality Assurance Standards for coursework expected of forensic biology/DNA analysts who work for DNA testing laboratories (effective July 1, 2025). The revisions include removal of specifically required course names which have, in the past, barred otherwise qualified candidates from working as forensic DNA analysts in forensic testing laboratories and replaced the specific course names with a general requirement for 9 credit hours in coursework in biology- or chemistry-related areas that provide an understanding of the foundations of DNA analysis. The rule changes adopted herein follow the same path, expanding the eligibility requirements for forensic biology/DNA applicants for licensure in the State of Texas.

Reasoned Justification for Rule. The adopted amendments require licensed forensic biology/DNA analysts to meet current, national FBI QAS minimum coursework requirements for employment at an accredited crime laboratory. The amendments subject forensic biology/DNA analysts to these current requirements at the time of application for licensure to the Commission and remove the requirement for compliance with the 2011 version of the QAS expressed in the Commission's current licensing rules.

Summary of Comments. The public comment period on the rule proposal began on May 9, 2025, and ended on June 10, 2025. 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 § 4-a(b).

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 August 18, 2025.

TRD-202502957

Leigh Tomlin

Associate General Counsel

Texas Forensic Science Commission

Effective date: September 7, 2025

Proposal publication date: May 9, 2025

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