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, 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.
3. (c) Registrant security provisions may also apply. The registrant security provisions of this chapter apply if a witness to destruction under this subchapter is also registered individually as a controlled substances registrant or employed by a registrant. If so, the witness is responsible for making a written report to the director through the Narcotics Regulation Bureau of a probable breach of security under those provisions.

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.