87R6162 MP-D
By: Howard H.B. No. 2589
A BILL TO BE ENTITLED
AN ACT
relating to crime scene investigation services; authorizing fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 38.01, Code of Criminal Procedure, is
amended by adding Section 4-e to read as follows:
Sec. 4-e. CRIME SCENE INVESTIGATOR CERTIFICATION. (a) The
commission by rule shall:
(1) establish the qualifications for a certification
that include:
(A) successful completion of the education
requirements established by the commission;
(B) specific coursework and experience; and
(C) successful completion of an examination
required or recognized by the commission;
(2) set fees for the issuance and renewal of a
certification; and
(3) establish the term of a crime scene investigator
certification.
(b) The commission by rule may recognize a certification
issued by a national organization specializing in crime scene
investigation as satisfying the requirements established under
Subsection (a) to the extent the commission determines the content
required to receive the certification is substantially equivalent
to the content of the requirements under that subsection.
(c) The commission shall issue a certification to an
applicant who:
(1) submits an application on a form prescribed by the
commission;
(2) meets the qualifications established by
commission rule; and
(3) pays the required fee.
SECTION 2. Section 252.022, Local Government Code, is
amended by adding Subsection (e) to read as follows:
(e) This chapter does not apply to an expenditure for crime
scene investigation services conducted by a law enforcement agency,
crime laboratory, or medical examiner's office if the law
enforcement agency, crime laboratory, or medical examiner's
office:
(1) is accredited under Section 4-d, Article 38.01,
Code of Criminal Procedure; or
(2) employs:
(A) more than 10 crime scene investigators and at
least 20 percent of the crime scene investigators are certified
under Section 4-e, Article 38.01, Code of Criminal Procedure; or
(B) 10 crime scene investigators or fewer and at
least one of the crime scene investigators is certified under
Section 4-e, Article 38.01, Code of Criminal Procedure.
SECTION 3. Subchapter C, Chapter 262, Local Government
Code, is amended by adding Section 262.0242 to read as follows:
Sec. 262.0242. MANDATORY EXEMPTION: CRIME SCENE
INVESTIGATION SERVICES. Section 262.023 does not apply to the
purchase of crime scene investigation services conducted by a law
enforcement agency, crime laboratory, or medical examiner's office
if the law enforcement agency, crime laboratory, or medical
examiner's office:
(1) is accredited under Section 4-d, Article 38.01,
Code of Criminal Procedure; or
(2) employs:
(A) more than 10 crime scene investigators and at
least 20 percent of the crime scene investigators are certified
under Section 4-e, Article 38.01, Code of Criminal Procedure; or
(B) 10 crime scene investigators or fewer and at
least one of the crime scene investigators is certified under
Section 4-e, Article 38.01, Code of Criminal Procedure.
SECTION 4. As soon as practicable after the effective date
of this Act, the Texas Forensic Science Commission shall adopt the
rules necessary to implement Section 4-e, Article 38.01, Code of
Criminal Procedure, as added by this Act.
SECTION 5. This Act takes effect September 1, 2021.