BILL ANALYSIS
H.B. 1644
By: Hirschi
3-28-95
Committee Report (Amended)
BACKGROUND
Hospitals contract with medical waste disposal companies to collect
their hazardous medical waste and properly incinerate it.
Hazardous medical waste may include materials ranging from
contaminated needles and syringes to stool samples and amputated
limbs. There have been a number of recent cases in which a few
unscrupulous disposal companies have improperly dumped medical
waste in Texas communities, creating a significant public health
hazard.
The Texas Administrative Code has specific rules governing the
handling and disposal of medical waste, separate from other forms
of hazardous waste. While there are criminal penalties for
illegally dumping hazardous waste in Texas, there are no similar
statutes making it a criminal offense to illegally dump medical
waste.
PURPOSE
HB 1644 creates criminal offenses and establishes penalties for
violation of rules governing medical waste.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.
SECTION BY SECTION ANALYSIS
SECTION 1. Adds Subchapter S to Chapter 361, Health and Safety
Code, as follows:
Section 361.560. Definitions:
"Appropriate regulatory agency" means the Texas Natural
Resource Conservation Commission, the Department of Health, or
another authorized agency.
"Large quantity generator" means a person who generates more
than 50 pounds of medical waste a month.
"Medical waste" means waste generated by a health care
facility and associated with health care activities.
"Small quantity generator" means a person who generates 50
pounds or less per month
Section 361.561. Radioactive Medical Waste. Disposal of
radioactive medical waste is governed by Chapter 401, Health
and Safety Code.
Section 361.562. Generation, Storage, Treatment and Disposal;
Large Quantity Generators.
(a) Makes it an offense for a large quantity generator to
intentionally or knowingly handle or dispose of medical
waste without a permit or in violation of a permit,
rule, or standard; or file false reports; or destroy
required documents.
(b) The offense may be punished by a fine of $1,000-$10,000
per violation, up to ten years in prison, or both.
(c) For subsequent offenses, the range of punishment is twice
that which is set out in Subsection (b).
(d) Non-natural persons are punishable by a fine of $5,000-$50,000.
(e) A subsequent offense by a non-natural person may be
punished by a fine of $10,000-$100,000.
Section 361.5625. Generation, Storage, Treatment and Disposal;
Small Quantity Generators.
(a) Makes it an offense for a small quantity generator to
intentionally or knowingly handle or dispose of medical
waste without a permit or in violation of a permit,
rule, or standard; file false reports; or destroy
required documents.
(b) Offenses under this section are punishable by a fine of
$500-$10,000 per violation, up to one year in prison,
or both.
(c) For subsequent offenses, the range of punishment is twice
that which is set out in Subsection (b)
(d) Non-natural persons who commit an offense under this
section are punishable by a fine of $2,000-$20,000.
(e) A subsequent offense by a non-natural person may be
punished by a fine of $4,000-$40,000.
Section 361.563. Transportation of Medical Waste.
(a) Makes it an offense for a person to intentionally or
knowingly transport medical waste to a place that does
not have all required permits, transport medical waste
without a manifest, or transport medical waste in a
vehicle which does not meet cleaning, safety, and other
regulations.
(b) Offense may be punished by a fine of $500-$10,000 per
violation, up to one year in prison, or both.
(c) The range of punishment is doubled for subsequent
offenses.
(d) A non-natural person may be punished by a fine of $5,000-$50,000.
(e) A subsequent offense committed by a non-natural person
may be punished by a fine of $10,000-$100,000.
Section 361.564. False or Misleading Statements.
(a) Makes it an offense for a person to knowingly make a
false material statement, or knowingly omit material
information, in required documents regarding medical
waste handling.
(b) The offense may be punished by a fine of $500-$10,000 per
violation, up to one year in prison, or both.
(c) For subsequent offenses, the range of punishment is twice
that which is set out in Subsection (b).
(d) A non-natural person who commits an offense may be
punished by a fine of $2,000- $20,000 under this
section.
(e) A subsequent offense committed by a non-natural person
may be punished by a fine of $4,000-$40,000.
Section 361.565. Endangerment Offenses.
(a) Makes it an offense for a person to intentionally or
knowingly transport, process, store, export, dispose,
or cause to be transported, processed, stored, exported,
or disposed or disposing of medical waste in violation
of subchapter, and thereby knowingly place another
person in imminent danger of death or serious bodily
injury.
(b) A person who commits an offense under Subsection (a) may
be punished by a fine of $2,500-$250,000 per violation,
up to 15 years in prison, or both.
(c) An offense under Subsection (a) that is committed by a
non-natural person may be punished by a fine of $5,000-$1,000,000.
(d) If offense under Subsection (a) results in death or
serious bodily injury, the individual may be punished
by a fine of $5,000-$500,000, 2-30 years in prison, or
both.
(e) A non-natural person who commits an offense under
Subsection (a) results in death or serious bodily
injury, the person may be punished by a fine of $10,000-$1,500,000.
(f) Makes it an offense for a person to intentionally or
knowingly handle or dispose of medical waste in
violation of this chapter and thereby placing another
person in imminent danger of death or injury, unless the
person acted in strict compliance with all required
permits or orders or with a valid and currently
effective order or rule.
(g) A person who commits an offense under Subsection (f) may
be punished by a fine of $1,500-$150,000, up to 5 years
in prison, or both.
(h) A non-natural person who commits an offense under
Subsection (f) may be punished by a fine of $3,000-$300,000.
(i) A person who commits an offense under Subsection (f) that
results in death or serious bodily injury may be
punished by a fine of $3,000-$300,000, 2-10 years in
prison, or both.
(j) A non-natural person who commits an offense under
Subsection (f) that results in death or serious bodily
injury may be punished by a fine of $6,000-$600,000.
(k) Makes it an offense for a person to intentionally or
knowingly release medical waste into the environment and
thereby place another person in imminent danger of death
or injury, unless the person s conduct is done in strict
compliance with all rules
(l) A person who commits an offense under Subsection (k) may
be punished by a fine of $1,500-$150,000, up to 5 years
in prison, or both.
(m) A non-natural person who commits an offense under
Subsection (k) may be punished by a fine of $3,000-$300,000.
(n) A person who commits an offense under Subsection (k) that
results in death or serious bodily injury may be
punished by a fine of $3,000-$300,000, 2-10 years in
prison, or both.
(o) A non-natural person who commits an offense under
Subsection (k) by anyone other than and individual
offender results in death or serious bodily injury,
offense may be punished by a fine of $6,000-$600,000.
(p) Makes it an offense for a person to recklessly release
medical waste into the environment, and thereby place
another person in imminent danger of death or serious
bodily injury, unless the person s conduct is in strict
compliance with all rules.
(q) A person who commits an offense under Subsection (p) may
be punished by a fine of $1,000-$100,000, up to one year
in prison, or both.
(r) A non-natural person who commits an offense under
Subsection (p) may be punished by a fine of $2,500-$250,000.
(s) A person who commits an offense under Subsection (p) that
results in death or serious bodily injury may be
punished by a fine of $2,000-$200,000, 1-2 years in
prison, or both.
(t) A non-natural person who commits an offense under
Subsection (p) that results in death or serious bodily
injury may be punished by a fine of $5,000-$500,000.
Section 361.566. Affirmative Defense; Knowledge Requirement.
(a) Makes it an affirmative defense if endangerment was
freely and knowingly consented to by the person
endangered, and the dangers were foreseeable
occupational, professional, or medical treatment
hazards.
(b) A defendant is only responsible for actual knowledge.
Attempts to avoid information may be used to prove a
defendant s actual knowledge.
Section 361.567. Venue. Venue is in the county where violation
occurred or in Travis County.
SECTION 2. Severability Clause.
SECTION 3. Criminal offense clause.
SECTION 4. Effective date: September 1, 1995.
SECTION 5. Emergency clause.
EXPLANATION OF AMENDMENTS
Committee Amendment number one makes the following changes:
(1) Deletes the original definition of "medical waste", and
inserts a new, more specific definition that "medical waste"
includes animal waste, bulk blood and blood products,
microbiological waste, pathological waste, sharps, and special
waste from health care related facilities as they are defined
in the Texas Department of Health Rules.
(2)&(3) Page 6, lines 5 and 6 are changed from, "knowingly
makes a false material statement, or causes or permits to be
made a false material statement..." to "knowingly makes a
false material statement, or knowingly causes or knowingly
permits to be made a false material statement..."
(4) Changes the "any label" on line 12 of page 6 to "any
regulated medical waste label".
(5) "Subchapter" on page 7, line 13 is changed to "chapter".
There were no other amendments.
SUMMARY OF COMMITTEE ACTION
HB 1644 was considered by the House Committee on Environmental
Regulation in a public hearing on March 14, 1995. Rep. Hirschi
testified in favor of the bill. The committee considered amendment
#1 to the bill. The following persons testified neutrally on the
bill:
Catherine Douglas, Assistant Attorney General, Office of the
Attorney General, Environmental Crimes Division,
representing herself.
Dr. Patricia Y. Riley, representing the Texas Natural Resource
Conservation Commission.
Lee Matthews, representing the Texas Low-Level Radioactive
Waste Disposal Authority.
Committee amendment number one was adopted without objection. HB
1644, as amended, was referred to a subcommittee to be named later
by the chair.
After being recalled from subcommittee, HB 1644, as amended, was
considered by the House Committee on Environmental Regulation in a
public hearing on March 28, 1995. The bill was reported favorably,
as amended, with the recommendation that it do pass and be printed,
by a record vote of seven (7) ayes, no (0) nays, no (0) pnv, and
two (2) absent.