1. (a) Destruction with or without court order. A laboratory, agency, or officer may destroy controlled substance property or a controlled substance plant:

   1. (1) with a court order under the authority of that order; or
   2. (2) without a court order under the authority of one of the summary destruction provisions of the Health and Safety Code, Chapter 481, Subchapter E.

2. (b) Statutory sources. Summary destruction without a court order may be authorized under one of the summary destruction provisions of the Health and Safety Code, Chapter 481, Subchapter E, including:

   1. (1) §481.152(d), for controlled substance plant;
   2. (2) §481.153(b), for controlled substance property; or
   3. (3) §481.160, for destruction of an excess quantity of certain items.
3. (c) Subchapter applies. The documentation and security provisions of this subchapter apply to destruction of an item of controlled substance property or plant under this section, except where provided otherwise in a court order of destruction.

Source Note:The provisions of this §13.164 adopted to be effective November 13, 1992, 17 TexReg 7671.