H.B. No. 1644 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.