1. (a) Generally. Destruction with or without court order. A laboratory, law enforcement agency, or peace officer may destroy controlled substance property or a controlled substance plant covered by this section:

   1. (1) with a court order under the authority of that order; or
   2. (2) without a court order under the authority of one of the summary destruction provisions of the Act, Subchapter E.

2. (b) Statutory sources. A laboratory, law enforcement agency, or peace officer may destroy without a court order:

   1. (1) a controlled substance plant under the authority of the Act, §481.152(d);
   2. (2) an item of controlled substance property under the authority of the Act, §481.153(b); or
   3. (3) an excess quantity of certain items under the authority of the Act, §481.160.
3. (c) Subchapter applies. The documentation and security provisions of this subchapter apply to destruction of an item of controlled substance property or plant under this section, except where provided otherwise in a court order of destruction.

Source Note:The provisions of this §13.154 adopted to be effective July 18, 2001, 26 TexReg 5266.