(a) SOP required. Before allowing anyone, whether peace officer or civilian, to destroy an item under this subchapter, a laboratory or law enforcement agency must adopt a written SOP for the destruction of the kind of item sought to be destroyed.
(b) Compliance required. A laboratory or law enforcement agency must require that each person engaged in destruction under this subchapter must strictly follow each SOP. A written SOP may exceed a minimum requirement contained within this subchapter.
(c) Generally. In order to minimize the likelihood of pilferage or other unlawful diversion, an SOP must include requirements that are reasonably likely to:
  (1) uncover the occurrence of a discrepancy, loss, theft, or other potential diversion; and
  (2) identify and destroy the excess quantity of an item, in order to reduce the size of an exhibit while preserving its evidentiary value.
(d) Modify definition of "excess quantity." With the express approval of each appropriate prosecuting authority, an SOP may increase or decrease the amount of an item necessary to meet the definition of an "excess quantity" under that SOP.
(e) Specifically. An SOP must include a requirement that:
  (1) a specific person or category of persons must seek destruction authorization for an item after it exceeds the maximum limits for item storage established by the SOP, including the duration and amount;
  (2) a specific person or category of persons must make an immediate report to a supervisor of an unusual or suspicious incident or probable breach of security reasonably related to potential discrepancy, loss, theft, or other diversion;
  (3) a supervisor must make a thorough investigation of the incident, including laboratory reanalysis if necessary; and
  (4) a specific person or category of persons must contact the submitting peace officer, the submitting law enforcement agency, or the office of the prosecutor responsible for the case to seek:
    (A) written authorization to destroy all or part of a particular exhibit; or
    (B) blanket written authorization to destroy all or part of each exhibit that meets certain criteria.

Source Note: The provisions of this §13.157 adopted to be effective July 18, 2001, 26 TexReg 5266