1. (a) Generally. For purposes of accountability, at least two of the witnesses to a destruction under this subchapter must, during a process conducted immediately before the physical destruction of an item:

   1. (1) examine each item in a manner sufficient to complete the destruction inventory required by this subchapter;
   2. (2) compare that destruction inventory with each previous inventory of the item, if required by this subchapter, including one that may have been made as part of an evidence submission form, a laboratory analysis, or as part of the destruction authorization;
   3. (3) examine each package for the integrity or breach of the package or seal;
   4. (4) refuse to destroy an item that reasonably appears to have been tampered with or to be at variance with its purported count or weight; and
   5. (5) ensure destruction of each item as soon as reasonably possible.

2. (b) Suspicious incident. Each witness must:

   1. (1) investigate a suspicious incident or probable breach of security, including a discrepancy, loss, theft, or other potential diversion of an item to be destroyed; or
   2. (2) report the incident or breach to an appropriate law enforcement agency or peace officer for investigation.

Source Note:The provisions of this §13.161 adopted to be effective July 18, 2001, 26 TexReg 5266; amended to be effective February 25, 2010, 35 TexReg 1476; amended to be effective April 30, 2026, 51 TexReg 2771.