SECTION 13.159. Two-Witness Rule - Security Control

(a) Destruction by anyone. A laboratory, law enforcement agency, or peace officer may not destroy an item under this subchapter without at least two individuals present to witness the actual destruction. One witness must be:

(1) a supervisor; or

(2) another individual expressly designated by a supervisor to witness that specific destruction incident.

(b) Destruction by laboratory. If a laboratory destroys the item, destruction must comply with:

(1) the security provisions of this chapter for a controlled substances registrant; and

(2) the documentation and security provisions of this subchapter that reference a laboratory.

(c) Destruction by agency or officer. If a law enforcement agency or peace officer destroys the item:

(1) no two individuals may serve as the sole witnesses to consecutive destruction incidents; and

(2) the director recommends but does not require both of the two witnesses should be peace officers from different law enforcement agencies.

Source Note: The provisions of this §13.159 adopted to be effective July 18, 2001, 26 TexReg 5266