(a) Destruction with or without court order. A laboratory, agency, or officer may destroy certain miscellaneous items covered by this section:
- (1) with a court order under the authority of that order; or
- (2) without a court order under the authority of one of the summary destruction provisions of the Health and Safety Code, Chapters 482-485.
(b) Statutory sources. A laboratory, agency, or officer may destroy without a court order:
- (1) a simulated controlled substance under the authority of the Health and Safety Code, §482.004;
- (2) a volatile chemical or related inhalant paraphernalia under the authority of the Health and Safety Code, §484.007; or
- (3) an abusable glue, aerosol paint, or related inhalant paraphernalia under the authority of the Health and Safety Code, §485.038.
- (c) Subchapter applies. The documentation and security provisions of this subchapter apply to destruction of a miscellaneous item under this section, except where provided otherwise in a court order of destruction.
Source Note:The provisions of this §13.165 adopted to be effective November 13, 1992, 17 TexReg 7671.