The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

1. (1) Agency--A law enforcement agency of this state.

2. (2) Excess quantity--Unless otherwise modified under the provisions of §13.167(d) of this title (relating to Destruction Standard Operating Procedure (SOP) for a Laboratory or Agency--Security Control) more than:

   1. (A) two kilograms of bulk dry evidence, such as powder;
   2. (B) 500 milliliters of bulk liquid evidence, such as chemical precursor or liquid controlled substances;
   3. (C) 200 dosage units of an item such as tablets, capsules, liquids, or other items so measured;
   4. (D) 50 pounds of bulk packaged marijuana;
   5. (E) five individual controlled substance plants such as marijuana or peyote; or
   6. (F) five miscellaneous items of drug or inhalant paraphernalia.
3. (3) Item--Controlled substance property, controlled substance plant, simulated controlled substance, volatile chemical or related inhalant paraphernalia, or abusable glue, aerosol paint, or related inhalant paraphernalia, as those terms are used in the Health and Safety Code, Chapters 481-485.

4. (4) Hazardous material--An item that:

   1. (A) creates a health or environmental hazard or prohibits safe storage because of its nature and quantity; or
   2. (B) meets the hazardous waste criteria of the United States Environmental Protection Agency, because of its nature, including its corrosivity, ignitability, reactivity, or toxicity.
5. (5) Laboratory--A crime laboratory located in this state that holds a registration number for the analysis of controlled substances from the department and the United States Drug Enforcement Administration.
6. (6) Officer--A peace officer of this state.

Source Note:The provisions of this §13.161 adopted to be effective November 13, 1992, 17 TexReg 7671.