BILL ANALYSIS
H.B. 1644
By: Hirchi (Zaffirini)
Natural Resources
05-12-95
Senate Committee Report (Unamended)
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
As proposed, H.B. 1644 provides criminal penalties for the improper
disposal of medical waste.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Chapter 361, Health and Safety Code, by adding
Subchapter S, as follows:
SUBCHAPTER S. MEDICAL WASTE; CRIMINAL PENALTIES
Sec. 361.560. DEFINITIONS. Defines "appropriate regulatory
agency," "large quantity generator," "medical waste," and
"small quantity generator."
Sec. 361.561. RADIOACTIVE MEDICAL WASTE. Provides that
disposal of radioactive medical waste is governed by Chapter
401.
Sec. 361.562. GENERATION, STORAGE, TREATMENT, AND DISPOSAL;
LARGE QUANTITY GENERATOR; OFFENSES AND PENALTIES. (a) Sets
forth provisions under which a person who is a large quantity
generator commits an offense.
(b) Requires a person who commits an offense under this
section to be subject on conviction to a fine of not less
than $1,000 or more than $10,000 for each act of violation
and each day of violation; imprisonment not to exceed 10
years; or both.
(c) Provides that, if it is shown on the trial of a person
that the person has previously been convicted of an offense
under this section, the offense is punishable by a fine of
not less than $2,000 or more than $20,000 for each act of
violation and each day of violation; imprisonment not to
exceed 20 years; or both fine and imprisonment.
(d) Requires a person other than an individual who commits
an offense under this section to be subject on conviction to
a fine of not less than $5,000 or more than $50,000.
(e) Provides that if it is shown on the trial of a person
other than an individual that the person has previously been
convicted of an offense under this section, the offense is
punishable by a fine of not less than $10,000 or more than
$100,000.
Sec. 361.5625. GENERATION, STORAGE, TREATMENT, AND DISPOSAL;
SMALL QUANTITY GENERATORS; OFFENSES AND PENALTIES. (a) Sets
forth provisions under which a person who is a small quantity
generator commits an offense.
(b) Requires a person who commits an offense under this
section to be subject on conviction to a fine not to exceed
$500 for each act of violation and each day of violation.
(c) Provides that if it is shown on the trial of a person
that the person has previously been convicted of an offense
under this section, the offense is punishable by a fine not
to exceed $2,000 for each act of violation and each day of
violation; confinement in jail for a term not to exceed 180
days; or both.
(d) Requires a person other than an individual who commits
an offense under this section to be subject on conviction to
a fine of not less than $2,000 or more than $20,000.
(e) Provides that if it is shown on the trial of a person
other than an individual that the person has previously been
convicted of an offense under this section, the offense is
punishable by a fine of not less than $4,000 or more than
$40,000.
Sec. 361.563. TRANSPORTATION OF MEDICAL WASTE; OFFENSE AND
PENALTIES. (a) Sets forth provisions under which a person
commits an offense in relation to transporting medical waste.
(b) Requires a person who commits an offense under this
section to be subject on conviction to a fine of not less
than $500 or more than $10,000 for each act of violation and
each day of violation; confinement not to exceed one year;
or both.
(c) Provides that if it is shown on the trial of a person
that the person has previously been convicted of an offense
under this section, the offense is punishable by a fine of
not less than $1,000 or more than $20,000 for each act of
violation and each day of violation; confinement not to
exceed two years; or both.
(d) Requires a person other than an individual who commits
an offense under this section to be subject on conviction to
a fine of not less than $5,000 or more than $50,000.
(e) Provides that if it is shown on the trial of a person
other than an individual that the person has previously been
convicted of an offense under this section, the offense is
punishable by a fine of not less than $10,000 or more than
$100,000.
Sec. 361.564. FALSE OR MISLEADING STATEMENTS; OFFENSE AND
PENALTIES. (a) Sets forth provisions under which a person
commits an offense in relation to false statements or omitted
information.
(b) Requires a person who commits an offense under this
section to be subject on conviction to a fine of not less
than $500 or more than $10,000 for each act of violation and
each day of violation; confinement not to exceed one year;
or both.
(c) Provides that if it is shown on the trial of a person
that the person has previously been convicted of an offense
under this section, the offense is punishable by a fine of
not less than $1,000 or more than $20,000 for each act of
violation and each day of violation; confinement not to
exceed two years; or both.
(d) Requires a person other than an individual that commits
an offense under this section to be subject on conviction to
a fine of not less than $2,000 or more than $20,000.
(e) Provides that if it is shown on the trial of a person
other than an individual that the person has previously been
convicted of an offense under this section, the offense is
punishable by a fine of not less than $4,000 or more than
$40,000.
Sec. 361.565. ENDANGERMENT OFFENSES. (a) Provides that a
person commits an offense if the person transports, processes,
stores, exports, or disposes of medical waste in violation of
this chapter and thereby places any other person in imminent
danger of death or serious bodily injury.
(b) Provides that a person who commits an offense under
Subsection (a) is punishable upon conviction by a fine of
not less than $2,500 or more than $250,000; imprisonment for
not more than 15 years; or both.
(c) Requires a person other than an individual who commits
an offense under Subsection (a) to be subject upon
conviction to a fine of not less than $5,000 or more than $1
million.
(d) Authorizes an individual, if an offense committed by an
individual under Subsection (a) results in death or serious
bodily injury to any person, to be punished by a fine of not
less than $5,000 or more than $500,000; imprisonment for not
less than two years or more than 30 years; or both fine and
imprisonment.
(e) Requires a person, if an offense committed by a person
other than an individual under Subsection (a) results in
death or serious bodily injury to any person, to be subject
upon conviction to a fine of not less than $10,000 or more
than $1,500,000.
(f) Provides that a person commits an offense if the person
transports, processes, stores, exports, or disposes of
medical waste in violation of this chapter, thereby placing
any other person in imminent danger of death or serious
bodily injury, unless the conduct charged is done in strict
compliance with all required permits or with a valid and
current order issued or rule adopted by the appropriate
regulatory agency.
(g) Provides that an offense under Subsection (f) is
punishable for an individual by a fine of not less than
$1,500 or more than $150,000; imprisonment for not more than
five years; or both.
(h) Provides that an offense under Subsection (f) is
punishable for a person other than an individual by a fine
of not less than $3,000 or more than $300,000.
(i) Authorizes an individual, if an offense committed under
Subsection (f) results in death or serious bodily injury to
any person, to be punished by a fine of not less than $3,000
or more than $300,000; imprisonment for not less than two
years or more than 10 years; or both.
(j) Authorizes a person, if an offense committed by a person
other than an individual under Subsection (f) results in
death or serious bodily injury to any person, to be punished
by a fine of not less than $6,000 or more than $600,000.
(k) Provides that a person commits an offense if the person
releases, causes, or permits the release of a medical waste
into the environment, thereby placing any other person in
imminent danger of death or serious bodily injury, unless
the release is made in strict compliance with all required
permits or a valid and current order issued or rules adopted
by the appropriate regulatory agency.
(l) Provides that an offense under Subsection (k) is
punishable for an individual by a fine of not less than
$1,500 or more than $150,000; imprisonment for not more than
five years; or both.
(m) Provides that an offense under Subsection (k) is
punishable for a person other than an individual by a fine
of not less than $3,000 or more than $300,000.
(n) Authorizes an individual, if an offense committed by an
individual under Subsection (k) results in death or serious
bodily injury to any person, to be punished by a fine of not
less than $3,000 or more than $300,000; imprisonment for not
less than two years or more than 10 years; or both.
(o) Provides that if an offense committed by a person other
than an individual under Subsection (k) results in death or
serious bodily injury to any person, to be punished by a
fine of not less than $6,000 or more than $600,000.
(p) Provides that a person commits an offense if the person
releases or causes or permits the release of a medical waste
into the environment, thereby placing any other person in
imminent danger of death or serious bodily injury, unless
the release is made in strict compliance with all required
permits or a valid and current order issued or rule adopted
by the appropriate regulatory agency.
(q) Provides that an offense under Subsection (p) is
punishable for an individual by a fine of not less than
$1,000 or more than $100,000; confinement in jail not to
exceed one year; or both.
(r) Provides that an offense under Subsection (p) is
punishable for a person other than an individual by a fine
of not less than $2,500 or more than $250,000.
(s) Authorizes an individual, if an offense committed by an
individual under Subsection (p) results in death or serious
bodily injury to any person, to be punished by a fine of not
less than $2,000 or more than $200,000; confinement for not
less than one year or more than two years; or both.
(t) Authorizes a person, if an offense committed by a person
other than an individual under Subsection (p) results in
death or serious bodily injury to any person, to be punished
by a fine of not less than $5,000 or more than $500,000.
Sec. 361.566. AFFIRMATIVE DEFENSE; KNOWLEDGE REQUIREMENT. (a)
Provides that it is an affirmative defense to prosecution
under Section 361.565 that the conduct charged was freely
consented to by the person endangered and that the danger and
conduct charged were foreseeable hazards of the person's
occupation, business, or profession or medical treatment or
medical or scientific experimentation conducted by
professionally approved methods and the person endangered had
been made aware of the risks involved before giving consent.
(b) Provides that in a prosecution of an offense under
Section 361.565(a), in determining whether a defendant who
is an individual knew that the violation placed another
individual in imminent danger of death or serious bodily
injury, the defendant is responsible only for the
defendant's actual awareness or actual belief possessed.
Prohibits knowledge possessed by a person other than the
defendant from being attributed to the defendant. Authorizes
circumstantial evidence to be used to prove a defendant's
actual knowledge.
Sec. 361.567. VENUE. Provides that venue for prosecution for
an alleged violation under this section is in the county in
which the violation is alleged to have occurred or in Travis
County.
SECTION 2. Severability clause.
SECTION 3. Makes application of this Act prospective.
SECTION 4. Effective date: September 1, 1995.
SECTION 5. Emergency clause.