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

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

   1. (1) the security provisions of this chapter for a controlled substances registrant; and
   2. (2) the documentation and security provisions of this subchapter that reference a laboratory.

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

   1. (1) no two individuals may serve as the sole witnesses to consecutive destruction incidents; and
   2. (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.