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  S.B. No. 1125
 
 
 
 
AN ACT
  relating to the disposition of certain controlled substance
  property and plants seized by or forfeited to a law enforcement
  agency.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 481.151, Health and Safety Code, is
  amended by adding Subdivisions (2-a) and (2-b) to read as follows:
               (2-a)  "Crime laboratory" has the meaning assigned by
  Article 38.35, Code of Criminal Procedure.
               (2-b)  "Criminal justice agency" has the meaning
  assigned by Section 411.082, Government Code, and includes a local
  government corporation described by Section 411.0011 of that code.
         SECTION 2.  The heading to Section 481.152, Health and
  Safety Code, is amended to read as follows:
         Sec. 481.152.  SEIZURE, SUMMARY FORFEITURE, AND SUMMARY
  DESTRUCTION OR OTHER DISPOSITION OF CONTROLLED SUBSTANCE PLANTS.
         SECTION 3.  Section 481.152(d), Health and Safety Code, is
  amended to read as follows:
         (d)  If a controlled substance plant is seized and forfeited
  under this section, a court may order the disposition of the plant
  under Section 481.159, or the department, a criminal justice
  agency, or a peace officer may summarily destroy the property under
  the rules of the department or dispose of the property in lieu of
  destruction as provided by Section 481.161.
         SECTION 4.  The heading to Section 481.153, Health and
  Safety Code, is amended to read as follows:
         Sec. 481.153.  SEIZURE, SUMMARY FORFEITURE, AND SUMMARY
  DESTRUCTION OR OTHER DISPOSITION OF CONTROLLED SUBSTANCE PROPERTY.
         SECTION 5.  Section 481.153(b), Health and Safety Code, is
  amended to read as follows:
         (b)  If an item of controlled substance property is seized
  and forfeited under this section, a court may order the disposition
  of the property under Section 481.159, or the department, a
  criminal justice agency, or a peace officer may summarily destroy
  the property under the rules of the department or dispose of the
  property in lieu of destruction as provided by Section 481.161.
         SECTION 6.  Sections 481.159(a) and (i), Health and Safety
  Code, are amended to read as follows:
         (a)  If a district court orders the forfeiture of a
  controlled substance property or plant under Chapter 59, Code of
  Criminal Procedure, or under this code, the court shall also order a
  law enforcement agency or a criminal justice agency to which the law
  enforcement agency transferred the property or plant for analysis
  and storage to:
               (1)  retain the property or plant for [its] official
  law enforcement purposes, including use in the investigation of
  offenses under this code;
               (2)  deliver the property or plant to a government
  agency for official purposes;
               (3)  deliver the property or plant to a person
  authorized by the court to receive it;
               (4)  deliver the property or plant to a person
  authorized by the director to receive it; or
               (5)  destroy the property or plant that is not
  otherwise disposed of in the manner prescribed by this subchapter.
         (i)  If a controlled substance property or plant seized under
  this chapter was forfeited to an agency for the purpose of
  destruction or disposition under Section 481.161 in lieu of
  destruction or for any purpose other than investigation, the
  property or plant may not be used in an investigation unless a
  district court orders disposition under this section and permits
  the use of the property or plant in the investigation.
         SECTION 7.  The heading to Section 481.160, Health and
  Safety Code, is amended to read as follows:
         Sec. 481.160.  DISPOSITION [DESTRUCTION] OF EXCESS
  QUANTITIES.
         SECTION 8.  Sections 481.160(a), (c), and (d), Health and
  Safety Code, are amended to read as follows:
         (a)  If a controlled substance property or plant is forfeited
  under this code or under Chapter 59, Code of Criminal Procedure, the
  law enforcement agency that seized the property or plant or to which
  the property or plant is forfeited or a criminal justice agency to
  which the law enforcement agency transferred the property or plant
  for analysis and storage may summarily destroy the property or
  plant without a court order, or otherwise dispose of the property or
  plant in lieu of destruction in accordance with Section 481.161,
  before the disposition of a case arising out of the forfeiture if
  the agency ensures that:
               (1)  at least five random and representative samples
  are taken from the total amount of the property or plant and a
  sufficient quantity is preserved to provide for discovery by
  parties entitled to discovery;
               (2)  photographs are taken that reasonably depict the
  total amount of the property or plant; and
               (3)  the gross weight or liquid measure of the property
  or plant is determined, either by actually weighing or measuring
  the property or plant or by estimating its weight or measurement
  after making dimensional measurements of the total amount seized.
         (c)  A representative sample, photograph, or record made
  under this section is admissible in civil or criminal proceedings
  in the same manner and to the same extent as if the total quantity of
  the suspected controlled substance property or plant was offered in
  evidence, regardless of whether the remainder of the property or
  plant has been destroyed or otherwise disposed of. An inference or
  presumption of spoliation does not apply to a property or plant
  destroyed or otherwise disposed of under this section.
         (d)  If hazardous waste, residuals, contaminated glassware,
  associated equipment, or by-products from illicit chemical
  laboratories or similar operations that create a health or
  environmental hazard or are not capable of being safely stored are
  forfeited, those items may be disposed of under Subsection (a) or
  may be seized by and summarily forfeited to a law enforcement agency
  and destroyed by the [a] law enforcement agency or by a criminal
  justice agency to which the law enforcement agency transferred the
  items for analysis and storage without a court order before the
  disposition of a case arising out of the forfeiture if current
  environmental protection standards are followed.
         SECTION 9.  Subchapter E, Chapter 481, Health and Safety
  Code, is amended by adding Section 481.161 to read as follows:
         Sec. 481.161.  DISPOSITION OF CONTROLLED SUBSTANCE PROPERTY
  OR PLANT IN LIEU OF DESTRUCTION. (a)  Controlled substance property
  or plants subject to summary destruction or ordered destroyed by a
  court may be disposed of in accordance with this section.
         (b)  A law enforcement agency or criminal justice agency may
  transfer the controlled substance property or plants to a crime
  laboratory to be used for the purposes of laboratory research,
  testing results validation, and training of analysts.
         (c)  The crime laboratory to which the controlled substance
  property or plants are transferred under Subsection (b) shall
  destroy or otherwise properly dispose of any unused quantities of
  the controlled substance property or plants.
         (d)  This section does not apply to evidence described by
  Section 481.160(d).
         (e)  The director may adopt rules to implement this section.
         SECTION 10.  The change in law made by this Act applies to
  the disposition of evidence on or after the effective date of this
  Act, regardless of whether the evidence was seized or forfeited
  before, on, or after that date.
         SECTION 11.  This Act takes effect September 1, 2021.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1125 passed the Senate on
  April 19, 2021, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1125 passed the House on
  May 26, 2021, by the following vote:  Yeas 140, Nays 7, two
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor