By Hirschi H.B. No. 1644
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the improper disposal of medical waste; providing
1-3 criminal penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 361, Health and Safety Code, is amended
1-6 by adding Subchapter S to read as follows:
1-7 SUBCHAPTER S. MEDICAL WASTE; CRIMINAL PENALTIES
1-8 Sec. 361.560. DEFINITIONS. In this subchapter:
1-9 (1) "Appropriate regulatory agency" means the Texas
1-10 Natural Resource Conservation Commission, the Texas Department of
1-11 Health, or any other agency authorized to regulate the handling and
1-12 disposal of medical waste.
1-13 (2) "Large quantity generator" means a person who
1-14 generates more than 50 pounds of medical waste per month.
1-15 (3) "Medical waste" includes animal waste, bulk blood
1-16 and blood products, microbiological waste, pathological waste,
1-17 sharps, and special waste from health care-related facilities as
1-18 those terms are defined in 25 TAC Section 1.132 (Tex. Dept. of
1-19 Health, Definition, Treatment, and Disposition of Special Waste
1-20 from Health Care-Related Facilities). The term does not include
1-21 medical waste produced on farmland and ranchland as defined in
1-22 Section 252.001(6), Agriculture Code.
1-23 (4) "Small quantity generator" means a person who
1-24 generates 50 pounds or less of medical waste per month.
2-1 Sec. 361.561. RADIOACTIVE MEDICAL WASTE. Disposal of
2-2 radioactive medical waste is governed by Chapter 401.
2-3 Sec. 361.562. GENERATION, STORAGE, TREATMENT, AND DISPOSAL;
2-4 LARGE QUANTITY GENERATOR; OFFENSES AND PENALTIES. (a) A person
2-5 who is a large quantity generator commits an offense if the person,
2-6 acting intentionally or knowingly with respect to the person's
2-7 conduct:
2-8 (1) generates, collects, stores, processes, exports,
2-9 or disposes of, or causes or permits to be generated, collected,
2-10 stored, processed, exported, or disposed of, any medical waste
2-11 without all permits required by the appropriate regulatory agency
2-12 or in knowing violation of any material condition or requirement of
2-13 a permit or of an applicable interim status rule or standard;
2-14 (2) generates, collects, stores, treats, transports,
2-15 or disposes of, or causes or permits to be generated, collected,
2-16 stored, treated, transported, or disposed of, or otherwise handles
2-17 any medical waste, and knowingly destroys, alters, conceals, or
2-18 fails to file any record, report, manifest, or other document
2-19 required to be maintained or filed under rules or regulations
2-20 adopted by the appropriate regulatory agency.
2-21 (b) A person who commits an offense under this section shall
2-22 be subject on conviction to:
2-23 (1) a fine of not less than $1,000 or more than
2-24 $10,000 for each act of violation and each day of violation;
2-25 (2) imprisonment not to exceed 10 years; or
2-26 (3) both fine and imprisonment.
2-27 (c) If it is shown on the trial of a person that the person
3-1 has previously been convicted of an offense under this section, the
3-2 offense is punishable by:
3-3 (1) a fine of not less than $2,000 or more than
3-4 $20,000 for each act of violation and each day of violation;
3-5 (2) imprisonment not to exceed 20 years; or
3-6 (3) both fine and imprisonment.
3-7 (d) A person other than an individual who commits an offense
3-8 under this section shall be subject on conviction to a fine of not
3-9 less than $5,000 or more than $50,000.
3-10 (e) If it is shown on the trial of a person other than an
3-11 individual that the person has previously been convicted of an
3-12 offense under this section, the offense is punishable by a fine of
3-13 not less than $10,000 or more than $100,000.
3-14 Sec. 361.5625. GENERATION, STORAGE, TREATMENT, AND DISPOSAL;
3-15 SMALL QUANTITY GENERATORS; OFFENSES AND PENALTIES. (a) A person
3-16 who is a small quantity generator commits an offense if the person,
3-17 acting intentionally or knowingly with respect to the person's
3-18 conduct:
3-19 (1) generates, collects, stores, processes, exports,
3-20 or disposes of, or causes or permits to be generated, collected,
3-21 stored, processed, exported, or disposed of, any medical waste
3-22 without all permits required by the appropriate regulatory agency
3-23 or in knowing violation of any material condition or requirement of
3-24 a permit or of an applicable interim status rule or standard;
3-25 (2) generates, collects, stores, treats, transports,
3-26 or disposes of, or causes or permits to be generated, collected,
3-27 stored, treated, transported, or disposed of, or otherwise handles
4-1 any medical waste, and knowingly destroys, alters, conceals, or
4-2 fails to file any record, report, manifest, or other document
4-3 required to be maintained or filed under rules or regulations
4-4 adopted by the appropriate regulatory agency.
4-5 (b) A person who commits an offense under this section shall
4-6 be subject on conviction to a fine not to exceed $500 for each act
4-7 of violation and each day of violation.
4-8 (c) If it is shown on the trial of a person that the person
4-9 has previously been convicted of an offense under this section, the
4-10 offense is punishable by:
4-11 (1) a fine not to exceed $2,000 for each act of
4-12 violation and each day of violation;
4-13 (2) confinement in jail for a term not to exceed 180
4-14 days; or
4-15 (3) both fine and confinement.
4-16 (d) A person other than an individual who commits an offense
4-17 under this section shall be subject on conviction to a fine of not
4-18 less than $2,000 or more than $20,000.
4-19 (e) If it is shown on the trial of a person other than an
4-20 individual that the person has previously been convicted of an
4-21 offense under this section, the offense is punishable by a fine of
4-22 not less than $4,000 or more than $40,000.
4-23 Sec. 361.563. TRANSPORTATION OF MEDICAL WASTE; OFFENSE AND
4-24 PENALTIES. (a) A person commits an offense if the person, acting
4-25 intentionally or knowingly with respect to the person's conduct:
4-26 (1) transports, or causes or permits to be
4-27 transported, for storage, processing, or disposal, any medical
5-1 waste to any location that does not have all required permits;
5-2 (2) transports without a manifest, or causes or
5-3 permits to be transported without a manifest, any medical waste
5-4 required to be accompanied by a manifest under rules or regulations
5-5 adopted by the appropriate regulatory agency;
5-6 (3) operates any vehicle transporting medical waste,
5-7 or which is authorized to transport medical waste, in violation of
5-8 any rule or regulation prescribed by the appropriate regulatory
5-9 agency, including cleaning and safety regulations, which
5-10 specifically relate to the transportation of medical waste.
5-11 (b) A person who commits an offense under this section shall
5-12 be subject on conviction to:
5-13 (1) a fine of not less than $500 or more than $10,000
5-14 for each act of violation and each day of violation;
5-15 (2) confinement not to exceed one year; or
5-16 (3) both fine and confinement.
5-17 (c) If it is shown on the trial of a person that the person
5-18 has previously been convicted of an offense under this section, the
5-19 offense is punishable by:
5-20 (1) a fine of not less than $1,000 or more than
5-21 $20,000 for each act of violation and each day of violation;
5-22 (2) confinement not to exceed two years; or
5-23 (3) both fine and confinement.
5-24 (d) A person other than an individual who commits an offense
5-25 under this section shall be subject on conviction to a fine of not
5-26 less than $5,000 or more than $50,000.
5-27 (e) If it is shown on the trial of a person other than an
6-1 individual that the person has previously been convicted of an
6-2 offense under this section, the offense is punishable by a fine of
6-3 not less than $10,000 or more than $100,000.
6-4 Sec. 361.564. FALSE OR MISLEADING STATEMENTS; OFFENSE AND
6-5 PENALTIES. (a) A person commits an offense if the person:
6-6 (1) knowingly makes a false material statement, or
6-7 knowingly causes or knowingly permits to be made a false material
6-8 statement, to any person who prepares any regulated medical waste
6-9 label, manifest, application, permit, plan, registration, record,
6-10 report, or other document required by a valid and currently
6-11 effective order, rule, or regulation of the appropriate regulatory
6-12 agency;
6-13 (2) knowingly omits material information, or causes or
6-14 permits material information to be omitted, from any regulated
6-15 medical waste label, manifest, application, permit, plan,
6-16 registration, record, report, or other document required by a valid
6-17 and currently effective order, rule, or regulation of the
6-18 appropriate regulatory agency.
6-19 (b) A person who commits an offense under this section shall
6-20 be subject on conviction to:
6-21 (1) a fine of not less than $500 or more than $10,000
6-22 for each act of violation and each day of violation;
6-23 (2) confinement not to exceed one year; or
6-24 (3) both fine and confinement.
6-25 (c) If it is shown on the trial of a person that the person
6-26 has previously been convicted of an offense under this section, the
6-27 offense is punishable by:
7-1 (1) a fine of not less than $1,000 or more than
7-2 $20,000 for each act of violation and each day of violation;
7-3 (2) confinement not to exceed two years; or
7-4 (3) both fine and confinement.
7-5 (d) A person other than an individual that commits an
7-6 offense under this section shall be subject on conviction to a fine
7-7 of not less than $2,000 or more than $20,000.
7-8 (e) If it is shown on the trial of a person other than an
7-9 individual that the person has previously been convicted of an
7-10 offense under this section, the offense is punishable by a fine of
7-11 not less than $4,000 or more than $40,000.
7-12 Sec. 361.565. ENDANGERMENT OFFENSES. (a) A person commits
7-13 an offense if, acting intentionally or knowingly, the person
7-14 transports, processes, stores, exports, or disposes of, or causes
7-15 to be transported, processed, stored, exported, or disposed of,
7-16 medical waste in violation of this chapter and thereby knowingly
7-17 places any other person in imminent danger of death or serious
7-18 bodily injury.
7-19 (b) A person who commits an offense under Subsection (a) is
7-20 punishable upon conviction by:
7-21 (1) a fine of not less than $2,500 or more than
7-22 $250,000;
7-23 (2) imprisonment for not more than 15 years; or
7-24 (3) both fine and imprisonment.
7-25 (c) A person other than an individual who commits an offense
7-26 under Subsection (a) shall be subject upon conviction to a fine of
7-27 not less than $5,000 or more than $1 million.
8-1 (d) If an offense committed by an individual under
8-2 Subsection (a) results in death or serious bodily injury to any
8-3 person, the individual may be punished by:
8-4 (1) a fine of not less than $5,000 or more than
8-5 $500,000;
8-6 (2) imprisonment for not less than two years or more
8-7 than 30 years; or
8-8 (3) both fine and imprisonment.
8-9 (e) If an offense committed by a person other than an
8-10 individual under Subsection (a) results in death or serious bodily
8-11 injury to any person, the person shall be subject upon conviction
8-12 to a fine of not less than $10,000 or more than $1,500,000.
8-13 (f) A person commits an offense if the person, acting
8-14 intentionally or knowingly with respect to the person's conduct,
8-15 transports, processes, stores, exports, or disposes of medical
8-16 waste in violation of this chapter, thereby placing any other
8-17 person in imminent danger of death or serious bodily injury, unless
8-18 the conduct charged is done in strict compliance with all required
8-19 permits or with a valid and currently effective order issued or
8-20 rule adopted by the appropriate regulatory agency.
8-21 (g) An offense under Subsection (f) is punishable for an
8-22 individual by:
8-23 (1) a fine of not less than $1,500 or more than
8-24 $150,000;
8-25 (2) imprisonment for not more than five years; or
8-26 (3) both fine and imprisonment.
8-27 (h) An offense under Subsection (f) is punishable for a
9-1 person other than an individual by a fine of not less than $3,000
9-2 or more than $300,000.
9-3 (i) If an offense committed under Subsection (f) results in
9-4 death or serious bodily injury to any person, an individual may be
9-5 punished by:
9-6 (1) a fine of not less than $3,000 or more than
9-7 $300,000;
9-8 (2) imprisonment for not less than two years or more
9-9 than 10 years; or
9-10 (3) both fine and imprisonment.
9-11 (j) If an offense committed by a person other than an
9-12 individual under Subsection (f) results in death or serious bodily
9-13 injury to any person, the person may be punished by a fine of not
9-14 less than $6,000 or more than $600,000.
9-15 (k) A person commits an offense if the person, acting
9-16 intentionally or knowingly with respect to the person's conduct,
9-17 releases or causes or permits the release of a medical waste into
9-18 the environment, thereby placing any other person in imminent
9-19 danger of death or serious bodily injury, unless the release is
9-20 made in strict compliance with all required permits or a valid and
9-21 currently effective order issued or rule adopted by the appropriate
9-22 regulatory agency.
9-23 (l) An offense under Subsection (k) is punishable for an
9-24 individual by:
9-25 (1) a fine of not less than $1,500 or more than
9-26 $150,000;
9-27 (2) imprisonment for not more than five years; or
10-1 (3) both fine and imprisonment.
10-2 (m) An offense under Subsection (k) is punishable for a
10-3 person other than an individual by a fine of not less than $3,000
10-4 or more than $300,000.
10-5 (n) If an offense committed by an individual under
10-6 Subsection (k) results in death or serious bodily injury to any
10-7 person, the individual may be punished by:
10-8 (1) a fine of not less than $3,000 or more than
10-9 $300,000;
10-10 (2) imprisonment for not less than two years or more
10-11 than 10 years; or
10-12 (3) both fine and imprisonment.
10-13 (o) If an offense committed by a person other than an
10-14 individual under Subsection (k) results in death or serious bodily
10-15 injury to any person, the person may be punished by a fine of not
10-16 less than $6,000 or more than $600,000.
10-17 (p) A person commits an offense if the person, acting
10-18 recklessly with respect to the person's conduct, releases or causes
10-19 or permits the release of a medical waste into the environment,
10-20 thereby placing any other person in imminent danger of death or
10-21 serious bodily injury, unless the release is made in strict
10-22 compliance with all required permits or a valid and currently
10-23 effective order issued or rule adopted by the appropriate
10-24 regulatory agency.
10-25 (q) An offense under Subsection (p) is punishable for an
10-26 individual by:
10-27 (1) a fine of not less than $1,000 or more than
11-1 $100,000;
11-2 (2) confinement in jail not to exceed one year; or
11-3 (3) both fine and confinement.
11-4 (r) An offense under Subsection (p) is punishable for a
11-5 person other than an individual by a fine of not less than $2,500
11-6 or more than $250,000.
11-7 (s) If an offense committed by an individual under
11-8 Subsection (p) results in death or serious bodily injury to any
11-9 person, the individual may be punished by:
11-10 (1) a fine of not less than $2,000 or more than
11-11 $200,000;
11-12 (2) confinement for not less than one year or more
11-13 than two years; or
11-14 (3) both fine and confinement.
11-15 (t) If an offense committed by a person other than an
11-16 individual under Subsection (p) results in death or serious bodily
11-17 injury to any person, the person may be punished by a fine of not
11-18 less than $5,000 or more than $500,000.
11-19 Sec. 361.566. AFFIRMATIVE DEFENSE; KNOWLEDGE REQUIREMENT.
11-20 (a) It is an affirmative defense to prosecution under Section
11-21 361.565 that the conduct charged was freely consented to by the
11-22 person endangered and that the danger and conduct charged were
11-23 reasonably foreseeable hazards of the person's occupation,
11-24 business, or profession or a medical treatment or medical or
11-25 scientific experimentation conducted by professionally approved
11-26 methods and the person endangered had been made aware of the risks
11-27 involved before giving consent.
12-1 (b) In a prosecution of an offense under Section 361.565(a),
12-2 in determining whether a defendant who is an individual knew that
12-3 the violation placed another individual in imminent danger of death
12-4 or serious bodily injury, the defendant is responsible only for the
12-5 defendant's actual awareness or actual belief possessed. Knowledge
12-6 possessed by a person other than the defendant may not be
12-7 attributed to the defendant. To prove a defendant's actual
12-8 knowledge, circumstantial evidence may be used, including evidence
12-9 that the defendant took affirmative steps to be shielded from
12-10 relevant information.
12-11 Sec. 361.567. VENUE. Venue for prosecution for an alleged
12-12 violation under this section is in the county in which the
12-13 violation is alleged to have occurred or in Travis County.
12-14 SECTION 2. If any section, sentence, clause, or part of this
12-15 Act shall, for any reason, be held invalid, such invalidity shall
12-16 not affect the remaining portions of the Act, and it is hereby
12-17 declared to be the intention of this legislature to have passed
12-18 each section, sentence, clause, or part irrespective of the fact
12-19 that any other section, sentence, clause, or part may be declared
12-20 invalid.
12-21 SECTION 3. (a) The changes in law made by this Act apply
12-22 only to a criminal offense committed or a violation that occurs on
12-23 or after the effective date of this Act. For the purposes of this
12-24 Act, a criminal offense is committed or a violation occurs before
12-25 the effective date of this Act if any element of the offense or
12-26 violation occurs before that date.
12-27 (b) A criminal offense committed or violation that occurs
13-1 before the effective date of this Act is covered by the law in
13-2 effect when the criminal offense was committed or the violation
13-3 occurred, and the former law is continued in effect for this
13-4 purpose.
13-5 SECTION 4. This Act takes effect September 1, 1995.
13-6 SECTION 5. The importance of this legislation and the
13-7 crowded condition of the calendars in both houses create an
13-8 emergency and an imperative public necessity that the
13-9 constitutional rule requiring bills to be read on three several
13-10 days in each house be suspended, and this rule is hereby suspended.