LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION April 5, 2009 TO: Honorable John Whitmire, Chair, Senate Committee on Criminal Justice FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:SB1281 by Williams (Relating to the fraudulent obtaining of a controlled substance from a practitioner; providing a penalty.), As Introduced No significant fiscal implication to the State is anticipated. The bill would amend the Health and Safety Code by making attempting to obtain a prescription for a controlled substance or combination of controlled substances by misrepresentation, fraud, forgery, deception, subterfuge, or concealment of a material fact (an existing prescription for a controlled substance issued for the same period of time by another practitioner) a criminal offense. Under the provisions of the bill, a substance listed in Schedule V would be punishable as a class A misdemeanor, a substance listed in Schedule III or IV would be punishable as a third degree felony, and a substance listed in Schedule I or II would be punishable as a second degree felony. The bill would take effect September 1, 2009 and apply only to an offense committed on or after the effective date of the Act.The number of offenders convicted under the provisions of the bill is not expected to result in increased demands upon the correctional resources of counties or of the State. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies:696 Department of Criminal Justice LBB Staff: JOB, ESi, GG, LM
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION
April 5, 2009
TO: Honorable John Whitmire, Chair, Senate Committee on Criminal Justice FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:SB1281 by Williams (Relating to the fraudulent obtaining of a controlled substance from a practitioner; providing a penalty.), As Introduced
TO: Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
FROM: John S. O'Brien, Director, Legislative Budget Board
IN RE: SB1281 by Williams (Relating to the fraudulent obtaining of a controlled substance from a practitioner; providing a penalty.), As Introduced
Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
John S. O'Brien, Director, Legislative Budget Board
John S. O'Brien, Director, Legislative Budget Board
SB1281 by Williams (Relating to the fraudulent obtaining of a controlled substance from a practitioner; providing a penalty.), As Introduced
SB1281 by Williams (Relating to the fraudulent obtaining of a controlled substance from a practitioner; providing a penalty.), As Introduced
No significant fiscal implication to the State is anticipated.
No significant fiscal implication to the State is anticipated.
The bill would amend the Health and Safety Code by making attempting to obtain a prescription for a controlled substance or combination of controlled substances by misrepresentation, fraud, forgery, deception, subterfuge, or concealment of a material fact (an existing prescription for a controlled substance issued for the same period of time by another practitioner) a criminal offense. Under the provisions of the bill, a substance listed in Schedule V would be punishable as a class A misdemeanor, a substance listed in Schedule III or IV would be punishable as a third degree felony, and a substance listed in Schedule I or II would be punishable as a second degree felony. The bill would take effect September 1, 2009 and apply only to an offense committed on or after the effective date of the Act.The number of offenders convicted under the provisions of the bill is not expected to result in increased demands upon the correctional resources of counties or of the State.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies: 696 Department of Criminal Justice
696 Department of Criminal Justice
LBB Staff: JOB, ESi, GG, LM
JOB, ESi, GG, LM