Is Daubert or Frye used for expert witness testimony admissibility in Texas?

The state of Texas follows the Daubert test for the admissibility of expert witness testimony. Ashby v. State, 527 S.W.3d 356 (Tex. Ct. App. 2017). To admit expert testimony, the expert testimony must pass a three-step test. Id. First, the expert must qualify “as an expert by reason of his knowledge, skill, experience, training, or education.” Id. Second, “the subject matter of the testimony [must be] an appropriate one for expert testimony.” Id. Third, the court must find that “admitting the expert testimony will actually assist the fact-finder in deciding the case.” Id. In addition, the Court of Criminal Appeals outlined the test to determine the “reliability of expert testimony concerning the ‘hard sciences.’” Id. Under this test, evidence from a scientific theory has to satisfy three requirements. Id. The requirements are: “(a) the underlying scientific theory must be valid; (b) the technique applying the theory must be valid; and (c) the technique must have been properly applied on the occasion of question.” Id. To show that the scientific method used is generally accepted in the scientific community, the party offering the expert can offer evidence that the method has been peer reviewed and recently published. Id.