(a) Generally. An item may be forfeited to the state under this subchapter if:
  (1) the lawful possession of the item cannot be readily ascertained; and
  (2) the law enforcement agency or peace officer seizing the item makes every reasonable effort to investigate lawful possession.
(b) Forfeiture requirements. Except as provided in subsection (c) of this section, an item is summarily forfeited to the state under this subchapter, if the item is of a type commonly abused and:
  (1) an apparently legitimate possessor has voluntarily surrendered the item to a laboratory, law enforcement agency, or peace officer for the express purpose of destruction;
  (2) no known lawful possessor can be determined; or
  (3) no lawful possessor is reasonably likely to be located.
(c) Pharmaceuticals. A legitimately manufactured pharmaceutical item is not subject to summary forfeiture to the state under subsection (b) of this section, unless it:
  (1) has been voluntarily surrendered by an apparently legitimate possessor to a laboratory, law enforcement agency, or peace officer for the express purpose of destruction; or
  (2) was illegally sold or possessed under the Texas Health and Safety Code, Chapters 481 - 485.
(d) Doubtful case. If there is doubt about legitimacy or lawfulness, the laboratory, law enforcement agency, or peace officer contemplating destruction must seek a court order of destruction.
(e) Not required to accept an item. This subchapter only applies to an item that has been accepted by a laboratory, law enforcement agency, or peace officer for summary forfeiture or destruction. It does not require a laboratory, agency, or officer to accept a particular item for summary forfeiture or destruction.

Source Note: The provisions of this §13.152 adopted to be effective July 18, 2001, 26 TexReg 5266