I have some forensic analysis that was done by an out-of-state laboratory prior to September 1, 2003. However, nobody was formally charged in the case until after September 1, 2005. Now I'm terribly confused about whether I need to get that lab accredited by DPS in order for the results to be admissible.

The 2003 version of 38.35 said that the accreditation requirement only applied to testing done after 9/1/03, so I was off the hook then. But the 2005 version says that applies to a criminal proceeding which commences after 9/1/05, which this one did.
So whadya think?

Any chance the lab was ASCLD-LAB accredited at the time? The reason the savings clause for the 2003 change was drafted in that fashion was to avoid this very problem. Had to fight for it. The drafter of the 2005 change did not seek our input, as I recollect.