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