82R827 NAJ-D
 
  By: Williams S.B. No. 158
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the fraudulent obtaining of a controlled substance from
  a practitioner; providing a penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 481.129, Health and Safety Code, is
  amended by adding Subsections (a-1) and (d-1) to read as follows:
         (a-1)  A person commits an offense if the person, with intent
  to obtain a controlled substance or combination of controlled
  substances that is not medically necessary for the person or an
  amount of a controlled substance or substances that is not
  medically necessary for the person, obtains or attempts to obtain
  from a practitioner a controlled substance or a prescription for a
  controlled substance by misrepresentation, fraud, forgery,
  deception, subterfuge, or concealment of a material fact. For
  purposes of this subsection, a material fact includes whether the
  person has an existing prescription for a controlled substance
  issued for the same period of time by another practitioner.
         (d-1)  An offense under Subsection (a-1) is:
               (1)  a felony of the second degree if any controlled
  substance that is the subject of the offense is listed in Schedule I
  or II;
               (2)  a felony of the third degree if any controlled
  substance that is the subject of the offense is listed in Schedule
  III or IV; and
               (3)  a Class A misdemeanor if any controlled substance
  that is the subject of the offense is listed in Schedule V.
         SECTION 2.  The change in law made by this Act applies only
  to an offense committed on or after the effective date of this Act.
  An offense committed before the effective date of this Act is
  covered by the law in effect when the offense was committed, and the
  former law is continued in effect for that purpose. For purposes of
  this section, an offense was committed before the effective date of
  this Act if any element of the offense occurred before that date.
         SECTION 3.  This Act takes effect September 1, 2011.