Texas Code of Criminal Procedure - CRIM P Art. 38.35. Forensic Analysis of Evidence;  Admissibility

(1) “Crime laboratory” includes a public or private laboratory or other entity that conducts a forensic analysis subject to this article.

(2) “Criminal action” includes an investigation, complaint, arrest, bail, bond, trial, appeal, punishment, or other matter related to conduct proscribed by a criminal offense.

(3) “Commission” means the Texas Forensic Science Commission established under Article 38.01.

(4) “Forensic analysis” means 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.  The term includes an examination or test requested by a law enforcement agency, prosecutor, criminal suspect or defendant, or court.  The term does not include:

(5) “Physical evidence” means any tangible object, thing, or substance relating to a criminal action.

(1) controls the evidence;

(2) submits the evidence to the laboratory;  or

(3) consents to the analysis.

(d)(1) Except as provided by Subsection (e), a forensic analysis of physical evidence under this article and expert testimony relating to the evidence are not admissible in a criminal action if, at the time of the analysis, the crime laboratory conducting the analysis was not accredited by the commission under Article 38.01.

(2) If before the date of the analysis the commission issues a certificate of accreditation under Article 38.01 to a crime laboratory conducting the analysis, the certificate is prima facie evidence that the laboratory was accredited by the commission at the time of the analysis.

(A) except for making proper application, was eligible for accreditation by the commission at the time of the examination or test;  and

(B) obtains accreditation from the commission before the time of testimony about the examination or test.