87R7730 JSC-D     By: Perry S.B. No. 1125       A BILL TO BE ENTITLED   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.  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 2.  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 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 3.  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 4.  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 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 5.  Section 481.159(i), Health and Safety Code, is   amended to read as follows:          (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 6.  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 7.  Sections 481.160(a) and (c), 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 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.          SECTION 8.  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) In this section, "crime   laboratory" has the meaning assigned by Article 38.35, Code of   Criminal Procedure.          (b)  Controlled substance property or plants subject to   summary destruction by a law enforcement agency or ordered   destroyed by a court may be disposed of in accordance with this   section.          (c)  A law enforcement 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.          (d)  The crime laboratory to which the controlled substance   property or plants are transferred under Subsection (c) shall   destroy or otherwise properly dispose of any unused quantities of   the controlled substance property or plants.          (e)  This section does not apply to evidence described by   Section 481.160(d).          (f)  The director may adopt rules to implement this section.          SECTION 9.  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 10.  This Act takes effect September 1, 2021.