(a) Generally. This subchapter describes the documentation and security provisions to use once the decision to destroy has been made.
(b) Reasonable effort. Before a laboratory, law enforcement agency, or peace officer destroys an item under this subchapter, the director recommends but does not require a responsible party to make a reasonable effort to ensure the item:
  (1) has no continuing evidentiary value or significance to any pending or contemplated criminal case; or
  (2) is in excess quantity.
(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 must 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 §13.153 adopted to be effective July 18, 2001, 26 TexReg 5266