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TITLE 37PUBLIC SAFETY AND CORRECTIONS
PART 1TEXAS DEPARTMENT OF PUBLIC SAFETY
CHAPTER 13CONTROLLED SUBSTANCES
SUBCHAPTER GFORFEITURE AND DESTRUCTION
RULE §13.163Destruction Documentation - Security Control

(a) Contemporaneous written statement. At or immediately after the time of a destruction under this subchapter, one of the witnesses to destruction must complete a written statement containing a detailed description of the destruction of the item, including all the relevant information required by this subchapter.

(b) Private contract. If a laboratory, law enforcement agency, or peace officer contracts with a private entity to destroy the item, the witnesses need not be present during the actual physical destruction of each item by the private contractor. A written statement under this subsection must document the status and handling of the item up to the point the laboratory, agency, or officer turned it over to the private contractor for destruction under the contract.

(c) Contents of statement. A statement may incorporate other documents by reference and must contain:

  (1) relevant seizure information, including the seizing law enforcement agency or peace officer, the date and location of seizure, and the authority for seizure;

  (2) the destruction authority, including the name, position, and reason given by the individual authorizing destruction;

  (3) the manner of transportation to the destruction site, including the names of each individual transporting an item;

  (4) an inventory of the items destroyed, including the nature, kind, and quantity of the item;

  (5) the witnesses, including the name, title, agency, and signature of each witness;

  (6) the date and location of destruction;

  (7) manner of destruction; and

  (8) each unusual or suspicious event that occurred during the destruction incident.


Source Note: The provisions of this §13.163 adopted to be effective July 18, 2001, 26 TexReg 5266

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