| (a) Destruction with or without court order. A laboratory, law enforcement agency, or peace officer may destroy certain miscellaneous items 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 Texas Health and Safety Code, Chapters 482 - 485. (b) Statutory sources. A laboratory, law enforcement agency, or peace officer may destroy without a court order: (1) a simulated controlled substance under the authority of the Texas Health and Safety Code, §482.004; or (2) an abusable volatile chemical or inhalant paraphernalia under the authority of the Texas Health and Safety Code, §485.037. (c) Dangerous drug. At the direction of the Texas State Board of Pharmacy, a law enforcement agency or peace officer may destroy without a court order a dangerous drug under the authority of the Texas Health and Safety Code, §483.074. (d) Subchapter applies. The documentation and security provisions of this subchapter apply to destruction of a miscellaneous item under this section, except where provided otherwise in a court order of destruction. |
