The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.
  (1) Environmental testing--An analysis by a laboratory conducted for the purpose of determining the chemical, molecular, carcinogenic, radioactive, or pathogenic components of air, water, soil, or other environmental media for use in an administrative, civil, or criminal matter.
  (2) Forensic analysis--Has the meaning assigned by Code of Criminal Procedure, Article 38.35. The term does not include:
    (A) latent print examination;
    (B) a test of a specimen of breath under Chapter 724, Transportation Code;
    (C) digital evidence;
    (D) an examination or test excluded by rule under Article 38.01;
    (E) a presumptive test performed for the purposes of determining compliance with a term or condition of community supervision or parole and conducted by or under contract with a community supervision and corrections department, the parole division of the Texas Department of Criminal Justice, or the Board of Pardons and Paroles; or
    (F) an expert examination or test conducted principally for the purpose of scientific research, medical practice, civil or administrative litigation, or other purpose unrelated to determining the connection of physical evidence to a criminal action.
  (3) Forensic pathology--Includes that portion of an autopsy conducted by a medical examiner or other forensic pathologist who is a licensed physician.
  (4) Crime Laboratory--Includes a public or private laboratory or other entity that conducts forensic analysis as set forth in Article 38.35, Code of Criminal Procedure. The term includes a forensic DNA laboratory and a CODIS user laboratory.
  (5) Physical evidence--Has the meaning assigned by Article 38.35, Code of Criminal Procedure.

Source Note: The provisions of this §651.2 adopted to be effective June 1, 2010, 35 TexReg 4438; transferred effective September 1, 2015, as published in the Texas Register July 31, 2015, 40 TexReg 4907; amended to be effective October 8, 2017, 42 TexReg 5489