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 19.5 - Technical Supervisor Certification
Universal Citation: 37 TX Admin Code § 19.5
Current through Reg. 50, No. 13; March 28, 2025
(a) The primary function of the technical supervisor is to provide the technical, administrative and supervisory expertise in safeguarding the scientific integrity of the breath alcohol testing program and to ensure the breath alcohol testing program's acceptability for evidential purposes. The technical supervisor, in matters pertaining to breath alcohol testing, is the field agent of the scientific director. Supervision by the technical supervisor in accordance with the provisions stated in these regulations shall include, but not be limited to:
(1) supervision of
certified operators in performance of breath alcohol test operations, including
the proper completion of forms and records, and operator's compliance with the
provisions stated in these regulations;
(2) supervision of certified instrumentation
and affiliated equipment;
(3)
supervision of data gathered for initial certification and/or approval of
individual instruments;
(4)
supervision of techniques and methods, maintaining scientific integrity and
upholding these regulations;
(5)
selection and supervision of a site location as it applies to security and
technical suitability for testing;
(6) supervision of compliance with the policy
of public information and/or demonstrations of breath alcohol testing
instruments and equipment;
(7) all
technical, administrative and regulatory aspects of breath alcohol testing;
and
(8) expert testimony by direct
testimony or by affidavit concerning all aspects of breath alcohol
testing.
(b) The minimum qualifications for certification as a technical supervisor are:
(1) a baccalaureate degree from an accredited
college or university with a major in chemistry, or as an alternative, a major
in another scientific field with sufficient semester hours in chemistry or
other qualifications as determined by the scientific director (for the purposes
of these regulations, sufficient hours in chemistry shall be defined as
successful completion of the equivalent of a minimum of 18 semester hours of
chemistry, no more than 8 of which may be freshman level.);
(2) satisfactory completion of a course of
instruction as set forth in §
19.4(a)(3) of
this title (relating to Operator Certification);
(3) satisfactory completion of technical
supervisor training approved by the scientific director, including, but not
limited to:
(A) advanced survey of current
information concerning alcohol and its effects on the human body;
(B) operational principles and theories
applicable to the program;
(C)
instrument operations, maintenance, repair and calibration;
(D) legal aspects of breath alcohol
analysis;
(E) principles of
instruction;
(4)
knowledge and understanding of the scientific theory and principles as to the
operation of the instrument and associated equipment;
(5) prior to certification, a technical
supervisor candidate must establish proof of association or pending association
with an agency of laboratory actively engaged in evidential breath alcohol
testing or with a course of instruction as set forth in §
19.6 of this title (relating to
Approval of Course of Instruction) upon receipt of certification. If the
technical supervisor candidate or certified technical supervisor cannot
establish such proof of association, certification will, at the discretion of
the scientific director, be denied or inactivated;
(6) Conviction history:
(A) persons convicted of a felony or a Class
A misdemeanor shall not be eligible to be a certified technical
supervisor;
(B) persons convicted
of a Class B misdemeanor within the last 10 years shall not be eligible to be a
certified technical supervisor;
(C)
persons receiving a driver license suspension or a denial to issue a driver
license for refusal to submit to the taking of a specimen per the provisions of
Texas Transportation Code, Chapter 724 or Chapter 522 within the last 5 years
shall not be eligible to be a certified technical supervisor.
(c) Certification.
(1) Upon satisfactory proof to the scientific
director by the applicant that the minimum qualifications set forth in
subsection (b) of this section have been met, the scientific director will
issue certification for a period of time designated by the scientific director
unless inactivated or suspended.
(2) A certified technical supervisor is fully
authorized to conduct evidential subject tests and is not required to maintain
a separate certification as a breath test operator as set forth in §
19.4 of this title (relating to
Operator Certification).
(3)
Technical supervisor certification may be voluntarily inactivated when it is no
longer needed or inactivated at the discretion of the scientific director if
the technical supervisor is no longer associated with an agency or laboratory
actively engaged in evidential breath alcohol testing and/or with a course of
instruction as set forth in §
19.6 of this title (relating to
Approval of Course of Instruction).
(4) Technical supervisor certification may be
suspended only by the scientific director for malfeasance, incompetence,
falsely or deceitfully obtaining certification, or failure to carry out the
responsibilities set forth in this subchapter.
(5) A technical supervisor whose
certification has been suspended may appeal such action in writing to the
assistant director of the major division responsible for crime laboratory
activities, Texas Department of Public Safety, who will decide whether the
action of the scientific director will be affirmed or set aside. The assistant
director may reinstate certification of the technical supervisor making such
appeal under such conditions deemed necessary and notify the scientific
director in writing.
(d) Certificate. The issuance of a certificate to the technical supervisor shall be evidence that the technical supervisor has met the requirements for certification.
(e) Renewal of current certification and recertification. In order to maintain current certification, the technical supervisor is required to renew certification prior to its expiration. The scientific director shall determine the minimum requirement for renewal of technical supervisor certification and for recertification after inactivation or suspension.
Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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