81R8174 JSC-F
By: Williams S.B. No. 912
A BILL TO BE ENTITLED
AN ACT
relating to the diversion of a controlled substance by certain
persons who have access to the substance by virtue of the person's
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.
SECTION 2. This Act takes effect September 1, 2009.