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 19.3 - Techniques and Methods
Universal Citation: 37 TX Admin Code § 19.3
Current through Reg. 50, No. 13; March 28, 2025
(a) All breath alcohol testing techniques and methods shall meet, but not be limited to, the requirements as detailed in this subsection:
(1) a period during which an operator is
required to remain in the presence of the subject. An operator shall remain in
the continuous presence of the subject at least 15 minutes immediately before
the test and should exercise reasonable care to ensure that the subject does
not place any substances in the mouth. Direct observation is not necessary to
ensure the accuracy of the test result;
(2) the breath alcohol testing instrument
must be operated by a certified operator or technical supervisor and only
certified personnel will have access to the instrument;
(3) a reference system used in conjunction
with subject analysis, the results of which must agree with the nominal value
within plus or minus 0.01g/210 L, or such limits as set by the scientific
director;
(4) all analytical
results shall be expressed in grams of alcohol per 210 liters of breath (g/210
L);
(5) maintenance of any
specified records designated by the scientific director;
(6) supervision of certified operators and
testing techniques by a technical supervisor meeting the qualifications set
forth in §
19.5 of this title (relating to
Technical Supervisor Certification);
(7) designation that the instrumentation will
be used only:
(A) for testing subjects
suspected of violating any statute or codified rule that defines intoxication
in terms of alcohol concentration; and
(B) in compliance with §
19.4(b), (c), and
(e) of this title (relating to Operator
Certification).
(b) The scientific director or a designated representative may at any time make an inspection of an evidential breath alcohol testing facility or technical supervisor laboratory to ensure compliance with this subchapter.
(c) Technical supervisors, when required, shall provide expert testimony by direct testimony or by affidavit concerning the approval of techniques and methods under their supervision.
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