Section 651.306 - Dismissal for Lack of Jurisdiction(a) Autopsy-related complaints. The Commission's General Counsel may make a recommendation that the Commission dismiss complaints related to the portion of an autopsy conducted by a medical examiner or licensed physician as falling outside the Commission's statutory jurisdiction.(b) DNA mixture complaints. The General Counsel may recommend that the Commission refer complaints and requests involving DNA mixtures to the statewide DNA Mixture Triage Team or other responsible entity. The General Counsel must provide the total number of complaints and inquiries referred to the statewide DNA Mixture Triage Team to the Commission at each quarterly meeting during which such referrals are made.(c) Non-forensic analysis complaints. The General Counsel may recommend that the Commission dismiss the following categories of complaints: (1) those the General Counsel does not consider to include a medical, chemical, toxicologic, ballistic, or other expert examination or test performed on physical evidence, including DNA evidence, for the purpose of determining the connection of the evidence to a criminal action;(2) those the General Counsel believes constitute a presumptive test performed for the purpose of determining compliance with a term or condition of community supervision or parole and conducted by or under contract with a community supervision and corrections department, the parole division of the Texas Department of Criminal Justice, or the Board of Pardons and Paroles; or(3) those the General Counsel believes constitute an expert examination or test conducted principally for the purpose of scientific research, medical practice, civil or administrative litigation, or other purpose unrelated to determining the connection of the evidence to a criminal action.(d) Right to re-open. Any Commission member has a right to reopen cases dismissed pursuant to subsections (a) - (c) of this section. Commission staff must present a summary of complaints dismissed under this subsection to the Commission for approval by a majority of a quorum of commissioners at each quarterly meeting.37 Tex. Admin. Code § 651.306
Adopted by Texas Register, Volume 43, Number 04, January 26, 2018, TexReg 0473, eff. 1/30/2018; Amended by Texas Register, Volume 45, Number 06, February 7, 2020, TexReg 919, eff. 2/10/2020; Amended by Texas Register, Volume 49, Number 07, February 16, 2024, TexReg 0878, eff. 2/25/2024