(a) In a proceeding under this chapter, the certified breath test technical supervisor responsible for maintaining and directing the operation of the breath test instruments in compliance with department rules, in lieu of appearing in court, may attest by affidavit to:
(1) the reliability of the instrument used to take or analyze a specimen of a person‘s breath to determine alcohol concentration; and
(2) the validity of the results of the analysis.
(b) An affidavit submitted under this section must contain statements regarding:
(1) the reliability of the instrument and the analytical results; and
(2) compliance with state law in the administration of the program.

Terms Used In Texas Transportation Code 522.106

  • Affidavit: means a statement in writing of a fact or facts signed by the party making it, sworn to before an officer authorized to administer oaths, and officially certified to by the officer under his seal of office. See Texas Government Code 312.011
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005

(c) A certified copy of an affidavit prepared in accordance with this section is admissible only if the department serves a copy of the affidavit on the person or the person’s attorney not later than the seventh day before the date on which the hearing begins.

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