82R828 NAJ-F
By: Williams S.B. No. 159
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 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.