| (a) Statutory authority. A court may issue an order of destruction
for an item that:
(1) is controlled substance property or plant under the authority
of the Act, §481.159; or
(2) was stolen or acquired in any other manner that made the
acquisition a penal offense under the authority of the Texas Code of Criminal
Procedure, Chapter 47.
(b) Security provisions required by the court. A laboratory,
law enforcement agency, or peace officer carrying out a court order of destruction
must comply with the documentation and security provisions of the order, if
any.
(c) No security provisions required by the court. If the court
order is silent about the manner of destruction, or if it does not specify
or direct another manner of destruction inconsistent with this subchapter,
the laboratory, law enforcement agency, or peace officer must comply with
the documentation and security provisions of this subchapter.
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