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TITLE 37PUBLIC SAFETY AND CORRECTIONS
PART 1TEXAS DEPARTMENT OF PUBLIC SAFETY
CHAPTER 13CONTROLLED SUBSTANCES
SUBCHAPTER GFORFEITURE AND DESTRUCTION
RULE §13.151Subchapter Definitions

The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise.

  (1) Abusable volatile chemical--Has the meaning given that term by the Texas Health and Safety Code, Chapter 485. In addition, abusable volatile chemicals also include any derivative products, such as, glues, aerosol paint, aerosol adhesives, aerosol spray air, and cement adhesives or any other product containing an abusable volatile chemical.

  (2) Excess quantity--Unless otherwise modified under §13.157(d) of this title (relating to SOP for Destruction By Laboratory or Agency--Security Control), more than:

    (A) one kilogram of bulk dry evidence, such as powder;

    (B) 500 milliliters of bulk liquid evidence, such as a chemical precursor or liquid controlled substance;

    (C) 200 dosage or abuse units of an item, such as tablets, capsules, liquids, or other items so measured;

    (D) 250 grams of bulk packaged marihuana;

    (E) five individual controlled substance plants, such as marihuana or peyote; or

    (F) five miscellaneous items of drug or inhalant paraphernalia.

  (3) Hazardous material--An item that:

    (A) creates a health or environmental hazard or prohibits safe storage because of its nature and quantity; or

    (B) meets the hazardous waste criteria of the United States Environmental Protection Agency (EPA), because of its nature, including its corrosivity, ignitability, reactivity, toxicity, or other hazardous characteristic.

  (4) Item--Controlled substance property, controlled substance plant, simulated controlled substance, volatile chemical or related inhalant paraphernalia, or abusable glue, aerosol paint, or related inhalant paraphernalia, as those terms are used in the Texas Health and Safety Code, Chapters 481 - 485.

  (5) Laboratory--A crime laboratory located in this state that holds a registration number for the analysis of a controlled substance from the DEA.

  (6) Lawful possession--Includes the possession of an item obtained in accordance with state or federal law.

  (7) Simulated controlled substance--Has the meaning given that term by the Texas Health and Safety Code, Chapter 482.

  (8) SOP--A standard operation procedure established under this subchapter.


Source Note: The provisions of this §13.151 adopted to be effective July 18, 2001, 26 TexReg 5266; amended to be effective March 30, 2017, 42 TexReg 1574

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