This section describes a discipline, category of analysis, or procedure that is excluded from the definition of forensic analysis or otherwise expressly exempted from accreditation by Article 38.35, Code of Criminal Procedure. No license is required for the following disciplines:
  (1) latent print examination;
  (2) breath specimen testing under Transportation Code, Chapter 724;
  (3) digital evidence (including but not limited to computer forensics, audio, or imaging);
  (4) an examination or test excluded by rule under Article 38.01 §4-d(c), Code of Criminal Procedure and set forth in Chapter 651, Subchapter A of this title;
  (5) 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;
  (6) 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; or
  (7) the portion of an autopsy conducted by a medical examiner or other forensic pathologist who is a licensed physician.

Source Note: The provisions of this §651.204 adopted to be effective May 16, 2018, 43 TexReg 3106