<<Prev Rule

Texas Administrative Code

Next Rule>>
TITLE 37PUBLIC SAFETY AND CORRECTIONS
PART 1TEXAS DEPARTMENT OF PUBLIC SAFETY
CHAPTER 13CONTROLLED SUBSTANCES
SUBCHAPTER GFORFEITURE AND DESTRUCTION
RULE §13.154Destruction Authority - Controlled Substance Property or Plant

(a) Generally. Destruction with or without court order. A laboratory, law enforcement agency, or peace officer may destroy controlled substance property or a controlled substance plant covered by this section:

  (1) with a court order under the authority of that order; or

  (2) without a court order under the authority of one of the summary destruction provisions of the Act, Subchapter E.

(b) Statutory sources. A laboratory, law enforcement agency, or peace officer may destroy without a court order:

  (1) a controlled substance plant under the authority of the Act, §481.152(d);

  (2) an item of controlled substance property under the authority of the Act, §481.153(b); or

  (3) an excess quantity of certain items under the authority of the Act, §481.160.

(c) Subchapter applies. The documentation and security provisions of this subchapter apply to destruction of an item of controlled substance property or plant under this section, except where provided otherwise in a court order of destruction.


Source Note: The provisions of this §13.154 adopted to be effective July 18, 2001, 26 TexReg 5266

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page