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.
Spectrum: 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 |
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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. |