1. (a) Generally. This subchapter describes the documentation and security provisions to use once the decision to destroy has been made.

2. (b) Reasonable effort. Before an item is destroyed under this subchapter, the department recommends but does not require that reasonable effort should be made by a responsible party to ensure the item:

   1. (1) has no continuing evidentiary value or significance to any pending or contemplated criminal case; or
   2. (2) is in excess quantity.
3. (c) If case filed. If a criminal case was filed involving an item, the person seeking destruction authorization or contemplating the giving of authorization to destroy shall contact the office of the appropriate prosecutor or court before destruction to determine whether the item has any continuing evidentiary significance.

Source Note:The provisions of this §13.163 adopted to be effective November 13, 1992, 17 TexReg 7671.