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A BILL TO BE ENTITLED
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AN ACT
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relating to the fraudulent obtaining of a controlled substance from |
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a practitioner; providing a penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 481.129, Health and Safety Code, is |
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amended by adding Subsections (a-1) and (d-1) to read as follows: |
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(a-1) A person commits an offense if the person, with the |
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intent to obtain a controlled substance or combination of |
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controlled substances that is not medically necessary for the |
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person or an amount of a controlled substance or substances that is |
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not medically necessary for the person, obtains or attempts to |
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obtain from a practitioner a controlled substance or a prescription |
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for a controlled substance by misrepresentation, fraud, forgery, |
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deception, subterfuge, or concealment of a material fact. For |
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purposes of this subsection, a material fact includes whether the |
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person has an existing prescription for a controlled substance |
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issued for the same period of time by another practitioner. |
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(d-1) An offense under Subsection (a-1) is: |
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(1) a felony of the second degree if any controlled |
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substance that is the subject of the offense is listed in Schedule I |
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or II; |
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(2) a felony of the third degree if any controlled |
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substance that is the subject of the offense is listed in Schedule |
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III or IV; and |
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(3) a Class A misdemeanor if any controlled substance |
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that is the subject of the offense is listed in Schedule V. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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covered by the law in effect when the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense was committed before that |
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date. |
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SECTION 3. This Act takes effect September 1, 2009. |