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.