Bill Text: TX SB159 | 2011-2012 | 82nd Legislature | Engrossed
Bill Title: Relating to the diversion of a controlled substance by certain persons who have access to the substance by virtue of the persons' profession or employment; providing penalties.
Sponsorship: Bipartisan Bill
Status: (Engrossed - Dead) 2011-05-19 - Committee report sent to Calendars [SB159 Detail]
Download: Texas-2011-SB159-Engrossed.html
| By: Williams | S.B. No. 159 | |
|
|
||
|
|
||
| relating to the diversion of a controlled substance by certain | ||
| persons who have access to the substance by virtue of the persons' | ||
| profession or employment; providing penalties. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter D, Chapter 481, Health and Safety | ||
| Code, is amended by adding Section 481.1285 to read as follows: | ||
| Sec. 481.1285. OFFENSE: DIVERSION OF CONTROLLED SUBSTANCE | ||
| BY REGISTRANTS, DISPENSERS, AND CERTAIN OTHER PERSONS. (a) This | ||
| section applies only to a registrant, a dispenser, or a person who, | ||
| pursuant to Section 481.062(a)(1) or (2), is not required to | ||
| register under this subchapter. | ||
| (b) A person commits an offense if the person knowingly: | ||
| (1) converts to the person's own use or benefit a | ||
| controlled substance to which the person has access by virtue of the | ||
| person's profession or employment; or | ||
| (2) diverts to the unlawful use or benefit of another | ||
| person a controlled substance to which the person has access by | ||
| virtue of the person's profession or employment. | ||
| (c) An offense under Subsection (b)(1) is a state jail | ||
| felony. An offense under Subsection (b)(2) is a felony of the third | ||
| degree. | ||
| (d) If conduct that constitutes an offense under this | ||
| section also constitutes an offense under any other law, the actor | ||
| may be prosecuted under this section, the other law, or both. | ||
| SECTION 2. This Act takes effect September 1, 2011. | ||
