This section describes a discipline, category of analysis, or procedure that is excluded from the definition of forensic analysis or otherwise exempted by the Code of Criminal Procedure, Article 38.35. No crime laboratory accreditation is required for the following disciplines:
  (1) latent print examination;
  (2) breath specimen testing under Transportation Code, Chapter 724;
  (3) digital evidence (including computer forensics, audio, or imaging); or
  (4) an examination or test excluded by rule under Code of Criminal Procedure, Article 38.01 §4-d(c) and set forth in this subchapter.
  (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 §651.6 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 December 24, 2015, 40 TexReg 9305; amended to be effective October 8, 2017, 42 TexReg 5489; amended to be effective December 16, 2018, 43 TexReg 7909