Tex. Health & Safety Code Section 481.159
Disposition of Controlled Substance Property or Plant


(a)

If a district court orders the forfeiture of a controlled substance property or plant under Chapter 59 (Forfeiture of Contraband), 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 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.

(b)

The district court may not require the department to receive, analyze, or retain a controlled substance property or plant forfeited to a law enforcement agency other than the department.

(c)

In order to ensure that a controlled substance property or plant is not diluted, substituted, diverted, or tampered with while being used in the investigation of offenses under this code, law enforcement agencies using the property or plant for this purpose shall:

(1)

employ a qualified individual to conduct qualitative and quantitative analyses of the property or plant before and after their use in an investigation;

(2)

maintain the property or plant in a secure storage area accessible only to the law enforcement agency head and the individual responsible for analyzing, preserving, and maintaining security over the property or plant; and

(3)

maintain a log documenting:

(A)

the date of issue, date of return, type, amount, and concentration of property or plant used in an investigation; and

(B)

the signature and the printed or typed name of the peace officer to whom the property or plant was issued and the signature and the printed or typed name of the individual issuing the property or plant.

(d)

A law enforcement agency may contract with another law enforcement agency to provide security that complies with Subsection (c) for controlled substance property or plants.

(e)

A law enforcement agency may adopt a written policy with more stringent requirements than those required by Subsection (c). The director may enter and inspect, in accordance with Section 481.181 (Inspections), a location at which an agency maintains records or controlled substance property or plants as required by this section.

(f)

If a law enforcement agency uses a controlled substance property or plant in the investigation of an offense under this code and the property or plant has been transported across state lines before the forfeiture, the agency shall cooperate with a federal agency in the investigation if requested to do so by the federal agency.

(g)

Under the rules of the department, a law enforcement agency head may grant to another person access to a secure storage facility under Subsection (c)(2).

(h)

A county, justice, or municipal court may order forfeiture of a controlled substance property or plant, unless the lawful possession of and title to the property or plant can be ascertained. If the court determines that a person had lawful possession of and title to the controlled substance property or plant before it was seized, the court shall order the controlled substance property or plant returned to the person, if the person so desires. The court may only order the destruction of a controlled substance property or plant that is not otherwise disposed of in the manner prescribed by Section 481.160 (Disposition of Excess Quantities).

(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 (Disposition of Controlled Substance Property or Plant in Lieu of Destruction) 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.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1989, 71st Leg., 1st C.S., ch. 12, Sec. 5(a), eff. Oct. 18, 1989; Acts 1991, 72nd Leg., ch. 141, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1268 (S.B. 195), Sec. 20, eff. September 1, 2016.
Acts 2021, 87th Leg., R.S., Ch. 603 (S.B. 1125), Sec. 6, eff. September 1, 2021.

Source: Section 481.159 — Disposition of Controlled Substance Property or Plant, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­481.­htm#481.­159 (accessed Mar. 23, 2024).

481.001
Short Title
481.002
Definitions
481.003
Rules
481.031
Nomenclature
481.032
Schedules
481.033
Exclusion from Schedules and Application of Act
481.034
Establishment and Modification of Schedules by Commissioner
481.035
Findings
481.036
Publication of Schedules
481.037
Carisoprodol
481.061
Federal Registration Required
481.062
Exemptions
481.065
Authorization for Certain Activities
481.067
Records
481.068
Confidentiality
481.070
Administering or Dispensing Schedule I Controlled Substance
481.071
Medical Purpose Required Before Prescribing, Dispensing, Delivering, or Administering Controlled Substance
481.072
Medical Purpose Required Before Distributing or Dispensing Schedule V Controlled Substance
481.074
Prescriptions
481.075
Schedule Ii Prescriptions
481.076
Official Prescription Information
481.077
Chemical Precursor Records and Reports
481.080
Chemical Laboratory Apparatus Record-keeping Requirements
481.101
Criminal Classification
481.106
Classification of Controlled Substance Analogue
481.108
Preparatory Offenses
481.111
Exemptions
481.119
Offense: Manufacture, Delivery, or Possession of Miscellaneous Substances
481.120
Offense: Delivery of Marihuana
481.121
Offense: Possession of Marihuana
481.122
Offense: Delivery of Controlled Substance or Marihuana to Child
481.123
Defense to Prosecution for Offense Involving Controlled Substance Analogue
481.124
Offense: Possession or Transport of Certain Chemicals with Intent to Manufacture Controlled Substance
481.125
Offense: Possession or Delivery of Drug Paraphernalia
481.126
Offense: Illegal Barter, Expenditure, or Investment
481.127
Offense: Unauthorized Disclosure of Information
481.128
Offense and Civil Penalty: Commercial Matters
481.129
Offense: Fraud
481.130
Penalties Under Other Law
481.131
Offense: Diversion of Controlled Substance Property or Plant
481.132
Multiple Prosecutions
481.133
Offense: Falsification of Drug Test Results
481.134
Drug-free Zones
481.135
Maps as Evidence of Location or Area
481.136
Offense: Unlawful Transfer or Receipt of Chemical Precursor
481.137
Offense: Transfer of Precursor Substance for Unlawful Manufacture
481.138
Offense: Unlawful Transfer or Receipt of Chemical Laboratory Apparatus
481.139
Offense: Transfer of Chemical Laboratory Apparatus for Unlawful Manufacture
481.140
Use of Child in Commission of Offense
481.141
Manufacture or Delivery of Controlled Substance Causing Death or Serious Bodily Injury
481.151
Definitions
481.152
Seizure, Summary Forfeiture, and Summary Destruction or Other Disposition of Controlled Substance Plants
481.153
Seizure, Summary Forfeiture, and Summary Destruction or Other Disposition of Controlled Substance Property
481.154
Rules
481.159
Disposition of Controlled Substance Property or Plant
481.160
Disposition of Excess Quantities
481.161
Disposition of Controlled Substance Property or Plant in Lieu of Destruction
481.181
Inspections
481.182
Evidentiary Rules Relating to Offer of Delivery
481.183
Evidentiary Rules Relating to Drug Paraphernalia
481.184
Burden of Proof
481.185
Arrest Reports
481.186
Cooperative Arrangements
481.201
Research Program
481.202
Review Board Powers and Duties
481.203
Patient Participation
481.204
Acquisition and Distribution of Controlled Substances
481.205
Rules
481.301
Imposition of Penalty
481.302
Amount of Penalty
481.303
Report and Notice of Violation and Penalty
481.304
Penalty to Be Paid or Informal Hearing Requested
481.305
Formal Hearing
481.306
Decision
481.307
Options Following Decision: Pay or Appeal
481.308
Stay of Enforcement of Penalty
481.309
Collection of Penalty
481.310
Decision by Court
481.311
Remittance of Penalty and Interest
481.312
Release of Bond
481.313
Administrative Procedure
481.314
Disposition of Penalty
481.351
Interagency Prescription Monitoring Work Group
481.352
Members
481.353
Meetings
481.354
Report
481.0355
Emergency Scheduling
481.0621
Exceptions
481.0755
Written, Oral, and Telephonically Communicated Prescriptions
481.0756
Waivers from Electronic Prescribing
481.0761
Rules
481.0762
Monitoring by Regulatory Agency
481.0763
Registration by Regulatory Agency
481.0764
Duties of Prescribers, Pharmacists, and Related Health Care Practitioners
481.0765
Exceptions
481.0766
Reports of Wholesale Distributors
481.0767
Advisory Committee
481.0768
Administrative Penalty: Disclosure or Use of Information
481.0769
Criminal Offenses Related to Prescription Information
481.0771
Records and Reports on Pseudoephedrine
481.1131
Cause of Action for Sale or Provision of Synthetic Cannabinoid
481.1191
Civil Liability for Engaging in or Aiding in Production, Distribution, Sale, or Provision of Synthetic Substances
481.1245
Offense: Possession or Transport of Anhydrous Ammonia
481.1285
Offense: Diversion of Controlled Substance by Registrants, Dispensers, and Certain Other Persons
481.07635
Continuing Education
481.07636
Opioid Prescription Limits

Accessed:
Mar. 23, 2024

§ 481.159’s source at texas​.gov