§ 37.16  STANDARD OPERATING PROCEDURE FOR DESTRUCTION OF CONTROLLED SUBSTANCE PROPERTY, PLANTS, AND OTHER MISCELLANEOUS ITEMS.
   (A)   Definitions.
      (1)   EXCESS QUANTITY.  For any item shall be defined by Tex. Administrative Code, Title 37, § 13.161.
      (2)   ITEM.  When used in this section, refers to controlled substance property, controlled substance plant, simulated controlled substance, volatile chemical or related inhalant paraphernalia, or abusable glue, aerosol paint, or related inhalant paraphernalia, as those terms are used in the Tex. Health and Safety Code, Chapters 481-485.
   (B)   Maximum storage period.  The maximum storage period for any item is 90 days.
   (C)   Mandatory destruction authorization.  Destruction authorization must be sought for any excess quantity of an item or for any item that has been stored for the maximum storage period.
   (D)   Report and investigation required.  All non-supervisory peace officers must immediately report to a supervisor any unusual or suspicious incident or probable breach of security that could be related to loss, alteration, or substitution of an item.  A supervisor receiving a report of an unusual or suspicious incident or probable breach of security pursuant to this division, or having personal knowledge of an unusual or suspicious incident or probable breach of security that could be related to loss, alteration, or substitution of an item must make a thorough investigation of such incident, including laboratory reanalysis if necessary.
   (E)   Destruction of evidentiary exhibits.  The Police Chief must contact the submitting officer, the submitting agency, or the office of the prosecutor responsible for the case to seek:
      (1)   Specific written authorization to destroy all or part of a particular exhibit; or
      (2)   Blanket written authorization to destroy all or part of any exhibit that meets certain criteria.
   (F)   Two-witness rule.  No item may be destroyed without at least two persons present to witness the actual destruction.  One witness must be a supervisor or, if not, a person expressly designated by a supervisor to witness that specific destruction incident.  Where a law enforcement agency or peace officer destroys an item, no two persons may serve as the sole witnesses to consecutive destruction incidents, at least two of the witnesses must be peace officers, and at least one of the witnesses must be a city agent not employed by the Police Department.
   (G)   Compliance with statutes and regulations.  Any party seeking to destroy an item pursuant to this subchapter must also comply with all applicable statutes and regulations.
(Ord. 940315C, passed 3-15-1994)