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.