1. (a) Generally. An item may be forfeited to the state under this subchapter if:

   1. (1) the lawful possession or ownership of the item cannot be readily ascertained; and
   2. (2) the agency or officer seizing the item makes every reasonable effort to investigate lawful possession or ownership.

2. (b) Forfeiture requirements. Except as provided in subsection (c) of this section, an item is summarily forfeited to the state under this subchapter, if:

   1. (1) it has been voluntarily surrendered by an apparently legitimate possessor to a laboratory, agency, or officer for the express purpose of destruction; or
   2. (2) no known lawful owner or possessor can be determined;
   3. (3) it is not reasonably likely that a lawful owner or possessor will be located; and
   4. (4) the item is of a type commonly abused.

3. (c) Pharmaceuticals. A legitimately manufactured pharmaceutical item is not subject to summary forfeiture to the state under subsection (b) of this section, unless:

   1. (1) it has been voluntarily surrendered by an apparently legitimate possessor to a laboratory, agency, or officer for the express purpose of destruction; or
   2. (2) it was illegally sold or possessed under the Health and Safety Code, Chapters 481-485.
4. (d) Doubtful case. If there is doubt about legitimacy or lawfulness, the laboratory, agency, or officer contemplating destruction must seek a court order of destruction.
5. (e) Not required to accept an item. This subchapter only applies to an item that has been accepted by a laboratory, agency, or officer for summary forfeiture or destruction. It does not require a laboratory, agency, or officer to accept any particular item for summary forfeiture or destruction.

Source Note:The provisions of this §13.162 adopted to be effective November 13, 1992, 17 TexReg 7671.