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