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A BILL TO BE ENTITLED
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AN ACT
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relating to the diversion of a controlled substance by certain |
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persons who have access to the substance by virtue of the persons' |
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profession or employment; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 481, Health and Safety |
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Code, is amended by adding Section 481.1285 to read as follows: |
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Sec. 481.1285. OFFENSE: DIVERSION OF CONTROLLED SUBSTANCE |
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BY REGISTRANTS, DISPENSERS, AND CERTAIN OTHER PERSONS. (a) This |
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section applies only to a registrant, a dispenser, or a person who, |
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pursuant to Section 481.062(a)(1) or (2), is not required to |
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register under this subchapter. |
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(b) A person commits an offense if the person knowingly: |
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(1) converts to the person's own use or benefit a |
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controlled substance to which the person has access by virtue of the |
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person's profession or employment; or |
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(2) diverts to the unlawful use or benefit of another |
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person a controlled substance to which the person has access by |
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virtue of the person's profession or employment. |
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(c) An offense under Subsection (b)(1) is a state jail |
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felony. An offense under Subsection (b)(2) is a felony of the third |
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degree. |
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(d) If conduct that constitutes an offense under this |
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section also constitutes an offense under any other law, the actor |
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may be prosecuted under this section, the other law, or both. |
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SECTION 2. This Act takes effect September 1, 2011. |