Amend CSHB 7 (Senate committee printing) by adding the 
following appropriately numbered ARTICLE to the bill and 
renumbering existing ARTICLES of the bill accordingly:

ARTICLE ____.  CRIME LABORATORIES
	SECTION __.01.  Article 38.35, Code of Criminal Procedure, 
as amended by Chapter 698, Acts of the 78th Legislature, Regular 
Session, 2003, is amended by adding Subsection (f) to read as 
follows:
	(f)  Subsections (d) and (e) do not apply to:                           
		(1)  physical evidence subjected to a forensic analysis 
by a medical examiner organized and operating under Subchapter B, 
Chapter 49; or
		(2)  testimony regarding evidence described by 
Subdivision (1).      
	SECTION __.02.  Section 411.0205, Government Code, as added 
by Chapter 698, Acts of the 78th Legislature, Regular Session, 
2003, is amended by adding Subsection (b-1) and amending Subsection 
(c) to read as follows:
	(b-1)  The director by rule shall exempt a medical examiner 
organized and operating under Subchapter B, Chapter 49, Code of 
Criminal Procedure, from the accreditation process established 
under Subsection (b).
	(c)  The director by rule may exempt from the accreditation 
process established under Subsection (b) a crime laboratory or 
other entity conducting a forensic analysis of physical evidence 
for use in criminal proceedings if the director determines that:
		(1)  independent accreditation is unavailable or 
inappropriate for the laboratory or entity or the type of 
examination or test performed by the laboratory or entity;
		(2)  the type of examination or test performed by the 
laboratory or entity is admissible under a well-established rule of 
evidence or a statute other than Article 38.35, Code of Criminal 
Procedure; [and]
		(3)  the type of examination or test performed by the 
laboratory or entity is routinely conducted outside of a crime 
laboratory or other applicable entity by a person other than an 
employee of the crime laboratory or other applicable entity;
		(4)  the laboratory or entity is independently 
accredited or certified by a national organization that regularly 
accredits or certifies competency to practice in the science or 
discipline associated with the type of examination or test 
performed by the laboratory or entity; or
		(5)  the laboratory or entity has a historical record 
of accuracy with respect to the type of examination or test 
performed by the laboratory or entity.
	SECTION __.03.  The public safety director of the Department 
of Public Safety of the State of Texas shall adopt rules under 
Section 411.0205, Government Code, as amended by this article, not 
later than the 61st day after the effective date of this article.
	SECTION __.04.  This article takes effect immediately if it 
receives a vote of two-thirds of all the members elected to each 
house, as provided by Section 39, Article III, Texas Constitution, 
and applies to evidence tested after December 15, 2003. If this Act 
does not receive the vote necessary for immediate effect, this Act 
takes effect January 15, 2004, and applies to evidence tested after 
that date.