Texas 2021 - 87th Regular

Texas House Bill HB2589 Compare Versions

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11 87R6162 MP-D
22 By: Howard H.B. No. 2589
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to crime scene investigation services; authorizing fees.
88 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
99 SECTION 1. Article 38.01, Code of Criminal Procedure, is
1010 amended by adding Section 4-e to read as follows:
1111 Sec. 4-e. CRIME SCENE INVESTIGATOR CERTIFICATION. (a) The
1212 commission by rule shall:
1313 (1) establish the qualifications for a certification
1414 that include:
1515 (A) successful completion of the education
1616 requirements established by the commission;
1717 (B) specific coursework and experience; and
1818 (C) successful completion of an examination
1919 required or recognized by the commission;
2020 (2) set fees for the issuance and renewal of a
2121 certification; and
2222 (3) establish the term of a crime scene investigator
2323 certification.
2424 (b) The commission by rule may recognize a certification
2525 issued by a national organization specializing in crime scene
2626 investigation as satisfying the requirements established under
2727 Subsection (a) to the extent the commission determines the content
2828 required to receive the certification is substantially equivalent
2929 to the content of the requirements under that subsection.
3030 (c) The commission shall issue a certification to an
3131 applicant who:
3232 (1) submits an application on a form prescribed by the
3333 commission;
3434 (2) meets the qualifications established by
3535 commission rule; and
3636 (3) pays the required fee.
3737 SECTION 2. Section 252.022, Local Government Code, is
3838 amended by adding Subsection (e) to read as follows:
3939 (e) This chapter does not apply to an expenditure for crime
4040 scene investigation services conducted by a law enforcement agency,
4141 crime laboratory, or medical examiner's office if the law
4242 enforcement agency, crime laboratory, or medical examiner's
4343 office:
4444 (1) is accredited under Section 4-d, Article 38.01,
4545 Code of Criminal Procedure; or
4646 (2) employs:
4747 (A) more than 10 crime scene investigators and at
4848 least 20 percent of the crime scene investigators are certified
4949 under Section 4-e, Article 38.01, Code of Criminal Procedure; or
5050 (B) 10 crime scene investigators or fewer and at
5151 least one of the crime scene investigators is certified under
5252 Section 4-e, Article 38.01, Code of Criminal Procedure.
5353 SECTION 3. Subchapter C, Chapter 262, Local Government
5454 Code, is amended by adding Section 262.0242 to read as follows:
5555 Sec. 262.0242. MANDATORY EXEMPTION: CRIME SCENE
5656 INVESTIGATION SERVICES. Section 262.023 does not apply to the
5757 purchase of crime scene investigation services conducted by a law
5858 enforcement agency, crime laboratory, or medical examiner's office
5959 if the law enforcement agency, crime laboratory, or medical
6060 examiner's office:
6161 (1) is accredited under Section 4-d, Article 38.01,
6262 Code of Criminal Procedure; or
6363 (2) employs:
6464 (A) more than 10 crime scene investigators and at
6565 least 20 percent of the crime scene investigators are certified
6666 under Section 4-e, Article 38.01, Code of Criminal Procedure; or
6767 (B) 10 crime scene investigators or fewer and at
6868 least one of the crime scene investigators is certified under
6969 Section 4-e, Article 38.01, Code of Criminal Procedure.
7070 SECTION 4. As soon as practicable after the effective date
7171 of this Act, the Texas Forensic Science Commission shall adopt the
7272 rules necessary to implement Section 4-e, Article 38.01, Code of
7373 Criminal Procedure, as added by this Act.
7474 SECTION 5. This Act takes effect September 1, 2021.