By Hirschi H.B. No. 1644
74R6432 T
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the improper disposal of medical waste; creating a
1-3 criminal penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 1. Chapter 361, Health and Safety Code,
1-6 is amended by the addition of 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 Resources 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" means waste generated by a health
1-16 care facility and associated with health care activities, not
1-17 including garbage or rubbish generated by non-health care
1-18 activities.
1-19 (4) "Small quantity generator" means a person who
1-20 generates 50 pounds or less of medical waste per month.
1-21 Sec. 361.561. RADIOACTIVE MEDICAL WASTE. Disposal of
1-22 radioactive medical waste is governed by Chapter 401, Health and
1-23 Safety Code.
1-24 Sec. 361.562. GENERATION, STORAGE, TREATMENT, AND DISPOSAL;
2-1 LARGE QUANTITY GENERATOR; OFFENSES AND PENALTIES. (a) A person
2-2 who is a large quantity generator commits an offense if the person,
2-3 acting intentionally or knowingly with respect to the person's
2-4 conduct:
2-5 (1) generates, collects, stores, processes, exports or
2-6 disposes of, or causes or permits to be generated, collected,
2-7 stored, processed, exported or disposed of, any medical waste
2-8 without all permits required by the appropriate regulatory agency
2-9 or in knowing violation of any material condition or requirement of
2-10 a permit or of an applicable interim status rule or standard;
2-11 (2) generates, collects, stores, treats, transports,
2-12 disposes of, or causes or permits to be generated, collected,
2-13 stored, treated, transported, or disposed of, or otherwise handles
2-14 any medical waste, and knowingly destroys, alters, conceals, or
2-15 fails to file any record, report, manifest or other document
2-16 required to be maintained or filed under rules or regulations
2-17 adopted by the appropriate regulatory agency;
2-18 (b) A person who commits an offense under this section shall
2-19 be subject on conviction to:
2-20 (1) a fine of not less than $1,000 or more than
2-21 $10,000 for each act of violation and each day of violation;
2-22 (2) imprisonment not to exceed ten years; or
2-23 (3) both fine and imprisonment.
2-24 (c) If it is shown on the trial of a person that the person
2-25 has previously been convicted of an offense under this section, the
2-26 offense is punishable by:
2-27 (1) a fine of not less than $2,000 or more than
3-1 $20,000 for each act of violation and each day of violation;
3-2 (2) imprisonment not to exceed twenty years; or
3-3 (3) both fine and imprisonment.
3-4 (d) A person other than an individual who commits an offense
3-5 under this section shall be subject on conviction to a fine of not
3-6 less than $5,000 or more than $50,000.
3-7 (e) If it is shown on the trial of a person other than an
3-8 individual that the person has previously been convicted of an
3-9 offense under this section, the offense is punishable by a fine of
3-10 not less than $10,000 or more than $100,000.
3-11 Sec. 361.5625. GENERATION, STORAGE, TREATMENT, AND DISPOSAL;
3-12 SMALL QUANTITY GENERATORS; OFFENSES AND PENALTIES. (a) A person
3-13 who is a small quantity generator commits an offense if the person,
3-14 acting intentionally or knowingly with respect to the person's
3-15 conduct:
3-16 (1) generates, collects, stores, processes, exports or
3-17 disposes of, or causes or permits to be generated, collected,
3-18 stored, processed, exported or disposed of, any medical waste
3-19 without all permits required by the appropriate regulatory agency
3-20 or in knowing violation of any material condition or requirement of
3-21 a permit or of an applicable interim status rule or standard;
3-22 (2) generates, collects, stores, treats, transports,
3-23 disposes of, or causes or permits to be generated, collected,
3-24 stored, treated, transported, or disposed of, or otherwise handles
3-25 any medical waste, and knowingly destroys, alters, conceals, or
3-26 fails to file any record, report, manifest or other document
3-27 required to be maintained or filed under rules or regulations
4-1 adopted by the appropriate regulatory agency.
4-2 (b) A person who commits an offense under this section shall
4-3 be subject on conviction to:
4-4 (1) a fine of not less than $500 or more than $10,000
4-5 for each act of violation and each day of violation;
4-6 (2) confinement not to exceed one year; or
4-7 (3) both fine and confinement.
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 of not less than $1,000 or more than
4-12 $20,000 for each act of violation and each day of violation;
4-13 (2) confinement not to exceed two years; or
4-14 (3) both fine and confinement.
4-15 (d) A person other than an individual who commits an offense
4-16 under this section shall be subject on conviction to a fine of not
4-17 less than $2,000 or more than $20,000.
4-18 (e) If it is shown on the trial of a person other than an
4-19 individual that the person has previously been convicted of an
4-20 offense under this section, the offense is punishable by a fine of
4-21 not less than $4,000 or more than $40,000.
4-22 Sec. 361.563. TRANSPORTATION OF MEDICAL WASTE; OFFENSE AND
4-23 PENALTIES. (a) A person commits an offense if the person, acting
4-24 intentionally or knowingly with respect to the person's conduct:
4-25 (1) transports, or causes or permits to be
4-26 transported, for storage, processing, or disposal, any medical
4-27 waste to any location that does not have all required permits;
5-1 (2) transports without a manifest, or causes or
5-2 permits to be transported without a manifest, any medical waste
5-3 required to be accompanied by a manifest under rules or regulations
5-4 adopted by the appropriate regulatory agency;
5-5 (3) operates any vehicle transporting medical waste,
5-6 or which is authorized to transport medical waste, in violation of
5-7 any rule or regulation prescribed by the appropriate regulatory
5-8 agency, including cleaning and safety regulations, which
5-9 specifically relate to the transportation of medical waste.
5-10 (b) A person who commits an offense under this section shall
5-11 be subject on conviction to:
5-12 (1) a fine of not less than $500 or more than $10,000
5-13 for each act of violation and each day of violation;
5-14 (2) confinement not to exceed one year; or
5-15 (3) both fine and confinement.
5-16 (c) If it is shown on the trial of an person that the person
5-17 has previously been convicted of an offense under this section the
5-18 offense is punishable by:
5-19 (1) a fine of not less than $1,000 or more than
5-20 $20,000 for each act of violation and each day of violation;
5-21 (2) confinement not to exceed two years; or
5-22 (3) both fine and confinement.
5-23 (d) A person other than an individual who commits an offense
5-24 under this section shall be subject on conviction to a fine of not
5-25 less than $5,000 or more than $50,000.
5-26 (e) If it is shown on the trial of a person other than an
5-27 individual that the person has previously been convicted of an
6-1 offense under this section, the offense is punishable by a fine of
6-2 not less than $10,000 or more than $100,000.
6-3 Sec. 361.564. FALSE OR MISLEADING STATEMENTS; OFFENSE AND
6-4 PENALTIES. (a) A person commits an offense if the person:
6-5 (1) knowingly makes a false material statement, or
6-6 causes or permits to be made a false material statement, to any
6-7 person who prepares any regulated medical waste label, manifest,
6-8 application, permit, plan, registration, record, report, or other
6-9 document required by a valid and currently effective order, rule or
6-10 regulation of the appropriate regulatory agency;
6-11 (2) knowingly omits material information, or causes or
6-12 permits material information to be omitted, in any label, manifest,
6-13 application, permit, plan, registration, record, report, or other
6-14 document required by a valid and currently effective order, rule or
6-15 regulation of the appropriate regulatory agency.
6-16 (b) A person who commits an offense under this section shall
6-17 be subject on conviction to:
6-18 (1) a fine of not less than $500 or more than $10,000
6-19 for each act of violation and each day of violation;
6-20 (2) confinement not to exceed one year; or
6-21 (3) both fine and confinement.
6-22 (c) If it is shown on the trial of a person that the person
6-23 has previously been convicted of an offense under this section the
6-24 offense is punishable by:
6-25 (1) a fine of not less than $1,000 or more than
6-26 $20,000 for each act of violation and each day of violation;
6-27 (2) confinement not to exceed two years; or
7-1 (3) both fine and confinement.
7-2 (e) A person other than an individual that commits an
7-3 offense under this section shall be subject on conviction to a fine
7-4 of not less than $2,000 or more than $20,000.
7-5 (f) If it is shown on the trial of a person other than an
7-6 individual that the person has previously been convicted of an
7-7 offense under this section, the offense is punishable by a fine of
7-8 not less than $4,000 or more than $40,000.
7-9 Sec. 361.565. ENDANGERMENT OFFENSES. (a) A person commits
7-10 an offense if, acting intentionally or knowingly, the person
7-11 transports, processes, stores, exports, or disposes of, or causes
7-12 to be transported, processed, stored, exported or disposed of,
7-13 medical waste in violation of this Subchapter and thereby knowingly
7-14 places any other person in imminent danger of death or serious
7-15 bodily injury.
7-16 (b) A person who commits an offense under Subsection (a) is
7-17 punishable upon conviction by:
7-18 (1) a fine of not less than $2,500 or more than
7-19 $250,000;
7-20 (2) imprisonment for not more than 15 years; or
7-21 (3) both fine and imprisonment.
7-22 (c) A person other than an individual who commits an offense
7-23 under Subsection (a) shall be subject upon conviction to a fine of
7-24 not less than $5,000 or more than $1 million.
7-25 (d) If an offense committed by an individual under
7-26 Subsection (a) results in death or serious bodily injury to any
7-27 person, the individual may be punished by:
8-1 (1) a fine of not less than $5,000 or more than
8-2 $500,000;
8-3 (2) imprisonment for not less than two years or more
8-4 than 30 years; or
8-5 (3) both fine and imprisonment.
8-6 (e) If an offense committed by a person other than an
8-7 individual under Subsection (a) results in death or serious bodily
8-8 injury to any person, the person shall be subject upon conviction
8-9 to a fine of not less than $10,000 or more than $1,500,000.
8-10 (f) A person commits an offense if the person, acting
8-11 intentionally or knowingly with respect to the person's conduct,
8-12 transports, processes, stores, exports, or disposes of, medical
8-13 waste in violation of this chapter, thereby placing any other
8-14 person in imminent danger of death or serious bodily injury, unless
8-15 the conduct charged is done in strict compliance with all required
8-16 permits or with a valid and currently effective order issued or
8-17 rule adopted by the appropriate regulatory agency.
8-18 (g) An offense under Subsection (f) is punishable for an
8-19 individual by:
8-20 (1) a fine of not less than $1,500 or more than
8-21 $150,000;
8-22 (2) imprisonment for not more than five years; or
8-23 (3) both fine and imprisonment.
8-24 (h) An offense under Subsection (f) is punishable for a
8-25 person other than an individual by a fine of not less than $3,000
8-26 or more than $300,000.
8-27 (i) If an offense committed under Subsection (f) results in
9-1 death or serious bodily injury to any person, an individual may be
9-2 punished by:
9-3 (1) a fine of not less than $3,000 or more than
9-4 $300,000;
9-5 (2) imprisonment for not less than two years or more
9-6 than 10 years; or
9-7 (3) both fine and imprisonment.
9-8 (j) If an offense committed by a person other than an
9-9 individual under Subsection (f) results in death or serious bodily
9-10 injury to any person, the person may be punished by a fine of not
9-11 less than $6,000 or more than $600,000.
9-12 (k) A person commits an offense if the person, acting
9-13 intentionally or knowingly with respect to the person's conduct,
9-14 releases, causes, or permits the release of a medical waste into
9-15 the environment, thereby placing any other person in imminent
9-16 danger of death or serious bodily injury, unless the release is
9-17 made in strict compliance with all required permits or a valid and
9-18 currently effective order issued or rule adopted by the appropriate
9-19 regulatory agency.
9-20 (l) An offense under Subsection (k) is punishable for an
9-21 individual by:
9-22 (1) a fine of not less than $1,500 or more than
9-23 $150,000;
9-24 (2) imprisonment for not more than 5 years; or
9-25 (3) both fine and imprisonment.
9-26 (m) An offense under Subsection (k) is punishable for a
9-27 person other than an individual by a fine of not less than $3,000
10-1 or more than $300,000.
10-2 (n) If an offense committed by an individual under
10-3 Subsection (k) results in death or serious bodily injury to any
10-4 person, the individual may be punished by:
10-5 (1) a fine of not less than $3,000 or more than
10-6 $300,000;
10-7 (2) imprisonment for not less than two years or more
10-8 than 10 years; or
10-9 (3) both fine and imprisonment.
10-10 (o) If an offense committed by a person other than an
10-11 individual under Subsection (k) results in death or serious bodily
10-12 injury to any person, the person may be punished by a fine of not
10-13 less than $6,000 or more than $600,000.
10-14 (p) A person commits an offense if the person, acting
10-15 recklessly with respect to the person's conduct, releases, causes,
10-16 or permits the release of a medical waste into the environment,
10-17 thereby placing any other person in imminent danger of death or
10-18 serious bodily injury, unless the release is made in strict
10-19 compliance with all required permits or a valid and currently
10-20 effective order issued or rule adopted by the appropriate
10-21 regulatory agency.
10-22 (q) An offense under Subsection (p) is punishable for an
10-23 individual by:
10-24 (1) a fine of not less than $1,000 or more than
10-25 $100,000;
10-26 (2) confinement in jail not to exceed one year; or
10-27 (3) both fine and confinement.
11-1 (r) An offense under Subsection (p) is punishable for a
11-2 person other than an individual by a fine of not less than $2,500
11-3 or more than $250,000.
11-4 (s) If an offense committed by an individual under
11-5 Subsection (p) results in death or serious bodily injury to any
11-6 person, the individual may be punished by:
11-7 (1) a fine of not less than $2,000 or more than
11-8 $200,000;
11-9 (2) confinement for not less than one year or more
11-10 than two years; or
11-11 (3) both fine and confinement.
11-12 (t) If an offense committed by a person other than an
11-13 individual under Subsection (p) results in death or serious bodily
11-14 injury to any person, the person may be punished by a fine of not
11-15 less than $5,000 or more than $500,000.
11-16 Sec. 361.566. AFFIRMATIVE DEFENSE; KNOWLEDGE REQUIREMENT.
11-17 (a) It is an affirmative defense to prosecution under Sec. 361.565
11-18 that the conduct charged was freely consented to by the person
11-19 endangered and that the danger and conduct charged were reasonably
11-20 foreseeable hazards of the person's occupation, business, or
11-21 profession or a medical treatment or medical or scientific
11-22 experimentation conducted by professionally approved methods and
11-23 the person endangered had been made aware of the risks involved
11-24 before giving consent.
11-25 (b) In a prosecution of an offense under Sec. 361.565(a), in
11-26 determining whether a defendant who is an individual knew that the
11-27 violation placed another individual in imminent danger of death or
12-1 serious bodily injury, the defendant is responsible only for the
12-2 defendant's actual awareness or actual belief possessed. Knowledge
12-3 possessed by a person other than the defendant may not be
12-4 attributed to the defendant. To prove a defendant's actual
12-5 knowledge, circumstantial evidence may be used, including evidence
12-6 that the defendant took affirmative steps to be shielded from
12-7 relevant information.
12-8 Sec. 361.567. VENUE. Venue for prosecution for an alleged
12-9 violation under this section is in the county in which the
12-10 violation is alleged to have occurred or in Travis County.
12-11 SECTION 2. SEVERABILITY. If any section, sentence, clause,
12-12 or part of this Act shall, for any reason, be held invalid, such
12-13 invalidity shall not affect the remaining portions of the Act, and
12-14 it is hereby declared to be the intention of this legislature to
12-15 have passed each section, sentence, clause, or part irrespective of
12-16 the fact that any other section, sentence, clause, or part may be
12-17 declared invalid.
12-18 SECTION 3. CRIMINAL OFFENSE OR VIOLATION. (a) The changes
12-19 in law made by this Act apply only to a criminal offense committed
12-20 or a violation that occurs on or after the effective date of this
12-21 Act. For the purposes of this Act, a criminal offense is committed
12-22 or a violation occurs before the effective date of this Act if any
12-23 element of the offense or violation occurs before that date.
12-24 (b) A criminal offense committed or violation that occurs
12-25 before the effective date of this Act is covered by the law in
12-26 effect when the criminal offense was committed or the violation
12-27 occurred, and the former law is continued in effect for this
13-1 purpose.
13-2 SECTION 4. EFFECTIVE DATE. This Act takes effect on
13-3 September 1, 1995.
13-4 SECTION 5. EMERGENCY. The importance of this legislation
13-5 and the crowded condition of the calendars in both houses create an
13-6 emergency and an imperative public necessity that the
13-7 constitutional rule requiring bills to be read on three several
13-8 days in each house be suspended, and this rule is hereby suspended,
13-9 and it is so enacted.
13-10 COMMITTEE AMENDMENT NO. 1
13-11 Amend H.B. No. 1644 as follows:
13-12 (1) On page 1, strike lines 15-18 and substitute the
13-13 following: "(3) "Medical waste" includes animal waste, bulk blood
13-14 and blood products, microbiological waste, pathological waste,
13-15 sharps, and special waste from health care related facilities as
13-16 those terms are defined in 25 TEX. ADMIN. CODE sec. 1.132 (West
13-17 1994) (Tex. Dept. of Health, Definition, Treatment, and Disposition
13-18 of Special Waste from Health Care Related Facilities)."
13-19 (2) Add at the end of line 5, page 6, "knowingly".
13-20 (3) On page 6, line 6, between "or" and "permits", insert
13-21 "knowingly".
13-22 (4) On page 6, line 12, between "any" and "label", insert
13-23 "regulated medical waste".
13-24 (5) On page 7, line 13, strike "Subchapter" and substitute
13-25 "chapter".
13-26 Dukes