Texas Administrative Code
Title 37 - PUBLIC SAFETY AND CORRECTIONS
Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY
Chapter 19 - BREATH ALCOHOL TESTING REGULATIONS
Subchapter A - BREATH ALCOHOL TESTING REGULATIONS
Section 19.2 - Instrument Certification
Current through Reg. 50, No. 13; March 28, 2025
(a) The Office of the Scientific Director, Breath Alcohol Testing Program, Texas Department of Public Safety (hereinafter referred to as the scientific director) shall approve and certify all breath alcohol testing instruments to be used for evidential purposes.
(b) In order to be approved each instrument must meet the criteria as detailed in this subsection:
(c) Upon proof of compliance with subsection (b) of this section the instrument will be placed on the list of approved instruments.
(d) The technical supervisor shall determine if a specific instrument by serial number is of the same manufacturer brand or model designation as is shown on the scientific director's approved list and meets the criteria for certification as stated in subsection (b)(2) of this section and when required, shall provide direct testimony or affidavit of this information.
(e) The scientific director, or a designated representative or technical supervisor, may, for cause, remove a specific instrument by serial number from evidential testing and withdraw certification thereof.
(f) Certified evidential instruments should not ordinarily be used for public information programs. Individuals with appropriate breath alcohol testing technical expertise, such as a certified technical supervisor, should disseminate this type of public information.