SECTION 13.155. Destruction Authority - Other Item

(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.

Source Note: The provisions of this §13.155 adopted to be effective July 18, 2001, 26 TexReg 5266; amended to be effective October 28, 2007, 32 TexReg 7492