(a) Application. A laboratory may apply to the Commission for a license under this section on a form provided by the Commission. The Commission's Licensing Advisory Committee, and/or the Commission Director or Designee shall review each application and make a determination regarding whether to grant a laboratory license under this section where the laboratory demonstrates a Texas customer requests a type of forensic analysis that is not widely available in accredited forensic laboratories.
(b) Uncommon Forensic Analysis License for Individual Analysts and Technicians. All forensic analysts and technicians employed by a laboratory determined by the Commission's Licensing Advisory Committee, and/or the Commission Director or Designee to meet the criteria for a license under this section shall be licensed upon fulfillment of the following requirements of the licensed laboratory:
  (1) submit to Commission staff a list of the names of each individual analyst or technician to be licensed indicating the forensic discipline(s) for which each analyst or technician is qualified to perform independent casework; and
  (2) certify on a form provided by the Commission that each individual named:
    (A) has read and understands the Code of Professional Responsibility in this subchapter;
    (B) has completed all training materials related to Brady v. Maryland discovery obligations and the Michael Morton Act (Code of Criminal Procedure, Article 39.14) as provided by the Commission; and
    (C) has participated in the Mandatory Legal and Professional Responsibility Training described in 651.208(e)(1) - (2) of this subchapter (relating to Forensic Analyst and Forensic Technician License Renewal).
(c) Disclosures Required by Uncommon Forensic Analysis License. Laboratories licensed under this section must comply with all disclosure obligations required under this chapter.
(d) License Term. A laboratory license and corresponding licenses granted under this section shall expire two (2) years from the date of issuance.
(e) Fees. A laboratory licensed under this section must pay the requisite license fee for uncommon forensic analyses for all of the laboratory's licensed forensic analysts and technicians as set forth in this subchapter.

Source Note: The provisions of this §651.221 adopted to be effective August 26, 2020, 45 TexReg 5931; amended to be effective February 1, 2021, 46 TexReg 838