1-1 By: Hirschi (Senate Sponsor - Zaffirini) H.B. No. 1644
1-2 (In the Senate - Received from the House May 4, 1995;
1-3 May 5, 1995, read first time and referred to Committee on Natural
1-4 Resources; May 12, 1995, reported favorably by the following vote:
1-5 Yeas 9, Nays 0; May 12, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the improper disposal of medical waste; providing
1-9 criminal penalties.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Chapter 361, Health and Safety Code, is amended
1-12 by adding Subchapter S to read as follows:
1-13 SUBCHAPTER S. MEDICAL WASTE; CRIMINAL PENALTIES
1-14 Sec. 361.560. DEFINITIONS. In this subchapter:
1-15 (1) "Appropriate regulatory agency" means the Texas
1-16 Natural Resource Conservation Commission, the Texas Department of
1-17 Health, or any other agency authorized to regulate the handling and
1-18 disposal of medical waste.
1-19 (2) "Large quantity generator" means a person who
1-20 generates more than 50 pounds of medical waste per month.
1-21 (3) "Medical waste" includes animal waste, bulk blood
1-22 and blood products, microbiological waste, pathological waste,
1-23 sharps, and special waste from health care-related facilities as
1-24 those terms are defined in 25 TAC Section 1.132 (Tex. Dept. of
1-25 Health, Definition, Treatment, and Disposition of Special Waste
1-26 from Health Care-Related Facilities). The term does not include
1-27 medical waste produced on farmland and ranchland as defined in
1-28 Section 252.001(6), Agriculture Code.
1-29 (4) "Small quantity generator" means a person who
1-30 generates 50 pounds or less of medical waste per month.
1-31 Sec. 361.561. RADIOACTIVE MEDICAL WASTE. Disposal of
1-32 radioactive medical waste is governed by Chapter 401.
1-33 Sec. 361.562. GENERATION, STORAGE, TREATMENT, AND DISPOSAL;
1-34 LARGE QUANTITY GENERATOR; OFFENSES AND PENALTIES. (a) A person
1-35 who is a large quantity generator commits an offense if the person,
1-36 acting intentionally or knowingly with respect to the person's
1-37 conduct:
1-38 (1) generates, collects, stores, processes, exports,
1-39 or disposes of, or causes or permits to be generated, collected,
1-40 stored, processed, exported, or disposed of, any medical waste
1-41 without all permits required by the appropriate regulatory agency
1-42 or in knowing violation of any material condition or requirement of
1-43 a permit or of an applicable interim status rule or standard;
1-44 (2) generates, collects, stores, treats, transports,
1-45 or disposes of, or causes or permits to be generated, collected,
1-46 stored, treated, transported, or disposed of, or otherwise handles
1-47 any medical waste, and knowingly destroys, alters, conceals, or
1-48 fails to file any record, report, manifest, or other document
1-49 required to be maintained or filed under rules or regulations
1-50 adopted by the appropriate regulatory agency.
1-51 (b) A person who commits an offense under this section shall
1-52 be subject on conviction to:
1-53 (1) a fine of not less than $1,000 or more than
1-54 $10,000 for each act of violation and each day of violation;
1-55 (2) imprisonment not to exceed 10 years; or
1-56 (3) both fine and imprisonment.
1-57 (c) If it is shown on the trial of a person that the person
1-58 has previously been convicted of an offense under this section, the
1-59 offense is punishable by:
1-60 (1) a fine of not less than $2,000 or more than
1-61 $20,000 for each act of violation and each day of violation;
1-62 (2) imprisonment not to exceed 20 years; or
1-63 (3) both fine and imprisonment.
1-64 (d) A person other than an individual who commits an offense
1-65 under this section shall be subject on conviction to a fine of not
1-66 less than $5,000 or more than $50,000.
1-67 (e) If it is shown on the trial of a person other than an
1-68 individual that the person has previously been convicted of an
2-1 offense under this section, the offense is punishable by a fine of
2-2 not less than $10,000 or more than $100,000.
2-3 Sec. 361.5625. GENERATION, STORAGE, TREATMENT, AND DISPOSAL;
2-4 SMALL QUANTITY GENERATORS; OFFENSES AND PENALTIES. (a) A person
2-5 who is a small 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 a fine not to exceed $500 for each act
2-23 of violation and each day of violation.
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 not to exceed $2,000 for each act of
2-28 violation and each day of violation;
2-29 (2) confinement in jail for a term not to exceed 180
2-30 days; or
2-31 (3) both fine and confinement.
2-32 (d) A person other than an individual who commits an offense
2-33 under this section shall be subject on conviction to a fine of not
2-34 less than $2,000 or more than $20,000.
2-35 (e) If it is shown on the trial of a person other than an
2-36 individual that the person has previously been convicted of an
2-37 offense under this section, the offense is punishable by a fine of
2-38 not less than $4,000 or more than $40,000.
2-39 Sec. 361.563. TRANSPORTATION OF MEDICAL WASTE; OFFENSE AND
2-40 PENALTIES. (a) A person commits an offense if the person, acting
2-41 intentionally or knowingly with respect to the person's conduct:
2-42 (1) transports, or causes or permits to be
2-43 transported, for storage, processing, or disposal, any medical
2-44 waste to any location that does not have all required permits;
2-45 (2) transports without a manifest, or causes or
2-46 permits to be transported without a manifest, any medical waste
2-47 required to be accompanied by a manifest under rules or regulations
2-48 adopted by the appropriate regulatory agency;
2-49 (3) operates any vehicle transporting medical waste,
2-50 or which is authorized to transport medical waste, in violation of
2-51 any rule or regulation prescribed by the appropriate regulatory
2-52 agency, including cleaning and safety regulations, which
2-53 specifically relate to the transportation of medical waste.
2-54 (b) A person who commits an offense under this section shall
2-55 be subject on conviction to:
2-56 (1) a fine of not less than $500 or more than $10,000
2-57 for each act of violation and each day of violation;
2-58 (2) confinement not to exceed one year; or
2-59 (3) both fine and confinement.
2-60 (c) If it is shown on the trial of a person that the person
2-61 has previously been convicted of an offense under this section, the
2-62 offense is punishable by:
2-63 (1) a fine of not less than $1,000 or more than
2-64 $20,000 for each act of violation and each day of violation;
2-65 (2) confinement not to exceed two years; or
2-66 (3) both fine and confinement.
2-67 (d) A person other than an individual who commits an offense
2-68 under this section shall be subject on conviction to a fine of not
2-69 less than $5,000 or more than $50,000.
2-70 (e) If it is shown on the trial of a person other than an
3-1 individual that the person has previously been convicted of an
3-2 offense under this section, the offense is punishable by a fine of
3-3 not less than $10,000 or more than $100,000.
3-4 Sec. 361.564. FALSE OR MISLEADING STATEMENTS; OFFENSE AND
3-5 PENALTIES. (a) A person commits an offense if the person:
3-6 (1) knowingly makes a false material statement, or
3-7 knowingly causes or knowingly permits to be made a false material
3-8 statement, to any person who prepares any regulated medical waste
3-9 label, manifest, application, permit, plan, registration, record,
3-10 report, or other document required by a valid and currently
3-11 effective order, rule, or regulation of the appropriate regulatory
3-12 agency;
3-13 (2) knowingly omits material information, or causes or
3-14 permits material information to be omitted, from any regulated
3-15 medical waste label, manifest, application, permit, plan,
3-16 registration, record, report, or other document required by a valid
3-17 and currently effective order, rule, or regulation of the
3-18 appropriate regulatory agency.
3-19 (b) A person who commits an offense under this section shall
3-20 be subject on conviction to:
3-21 (1) a fine of not less than $500 or more than $10,000
3-22 for each act of violation and each day of violation;
3-23 (2) confinement not to exceed one year; or
3-24 (3) both fine and confinement.
3-25 (c) If it is shown on the trial of a person that the person
3-26 has previously been convicted of an offense under this section, the
3-27 offense is punishable by:
3-28 (1) a fine of not less than $1,000 or more than
3-29 $20,000 for each act of violation and each day of violation;
3-30 (2) confinement not to exceed two years; or
3-31 (3) both fine and confinement.
3-32 (d) A person other than an individual that commits an
3-33 offense under this section shall be subject on conviction to a fine
3-34 of not less than $2,000 or more than $20,000.
3-35 (e) If it is shown on the trial of a person other than an
3-36 individual that the person has previously been convicted of an
3-37 offense under this section, the offense is punishable by a fine of
3-38 not less than $4,000 or more than $40,000.
3-39 Sec. 361.565. ENDANGERMENT OFFENSES. (a) A person commits
3-40 an offense if, acting intentionally or knowingly, the person
3-41 transports, processes, stores, exports, or disposes of, or causes
3-42 to be transported, processed, stored, exported, or disposed of,
3-43 medical waste in violation of this chapter and thereby knowingly
3-44 places any other person in imminent danger of death or serious
3-45 bodily injury.
3-46 (b) A person who commits an offense under Subsection (a) is
3-47 punishable upon conviction by:
3-48 (1) a fine of not less than $2,500 or more than
3-49 $250,000;
3-50 (2) imprisonment for not more than 15 years; or
3-51 (3) both fine and imprisonment.
3-52 (c) A person other than an individual who commits an offense
3-53 under Subsection (a) shall be subject upon conviction to a fine of
3-54 not less than $5,000 or more than $1 million.
3-55 (d) If an offense committed by an individual under
3-56 Subsection (a) results in death or serious bodily injury to any
3-57 person, the individual may be punished by:
3-58 (1) a fine of not less than $5,000 or more than
3-59 $500,000;
3-60 (2) imprisonment for not less than two years or more
3-61 than 30 years; or
3-62 (3) both fine and imprisonment.
3-63 (e) If an offense committed by a person other than an
3-64 individual under Subsection (a) results in death or serious bodily
3-65 injury to any person, the person shall be subject upon conviction
3-66 to a fine of not less than $10,000 or more than $1,500,000.
3-67 (f) A person commits an offense if the person, acting
3-68 intentionally or knowingly with respect to the person's conduct,
3-69 transports, processes, stores, exports, or disposes of medical
3-70 waste in violation of this chapter, thereby placing any other
4-1 person in imminent danger of death or serious bodily injury, unless
4-2 the conduct charged is done in strict compliance with all required
4-3 permits or with a valid and currently effective order issued or
4-4 rule adopted by the appropriate regulatory agency.
4-5 (g) An offense under Subsection (f) is punishable for an
4-6 individual by:
4-7 (1) a fine of not less than $1,500 or more than
4-8 $150,000;
4-9 (2) imprisonment for not more than five years; or
4-10 (3) both fine and imprisonment.
4-11 (h) An offense under Subsection (f) is punishable for a
4-12 person other than an individual by a fine of not less than $3,000
4-13 or more than $300,000.
4-14 (i) If an offense committed under Subsection (f) results in
4-15 death or serious bodily injury to any person, an individual may be
4-16 punished by:
4-17 (1) a fine of not less than $3,000 or more than
4-18 $300,000;
4-19 (2) imprisonment for not less than two years or more
4-20 than 10 years; or
4-21 (3) both fine and imprisonment.
4-22 (j) If an offense committed by a person other than an
4-23 individual under Subsection (f) results in death or serious bodily
4-24 injury to any person, the person may be punished by a fine of not
4-25 less than $6,000 or more than $600,000.
4-26 (k) A person commits an offense if the person, acting
4-27 intentionally or knowingly with respect to the person's conduct,
4-28 releases or causes or permits the release of a medical waste into
4-29 the environment, thereby placing any other person in imminent
4-30 danger of death or serious bodily injury, unless the release is
4-31 made in strict compliance with all required permits or a valid and
4-32 currently effective order issued or rule adopted by the appropriate
4-33 regulatory agency.
4-34 (l) An offense under Subsection (k) is punishable for an
4-35 individual by:
4-36 (1) a fine of not less than $1,500 or more than
4-37 $150,000;
4-38 (2) imprisonment for not more than five years; or
4-39 (3) both fine and imprisonment.
4-40 (m) An offense under Subsection (k) is punishable for a
4-41 person other than an individual by a fine of not less than $3,000
4-42 or more than $300,000.
4-43 (n) If an offense committed by an individual under
4-44 Subsection (k) results in death or serious bodily injury to any
4-45 person, the individual may be punished by:
4-46 (1) a fine of not less than $3,000 or more than
4-47 $300,000;
4-48 (2) imprisonment for not less than two years or more
4-49 than 10 years; or
4-50 (3) both fine and imprisonment.
4-51 (o) If an offense committed by a person other than an
4-52 individual under Subsection (k) results in death or serious bodily
4-53 injury to any person, the person may be punished by a fine of not
4-54 less than $6,000 or more than $600,000.
4-55 (p) A person commits an offense if the person, acting
4-56 recklessly with respect to the person's conduct, releases or causes
4-57 or permits the release of a medical waste into the environment,
4-58 thereby placing any other person in imminent danger of death or
4-59 serious bodily injury, unless the release is made in strict
4-60 compliance with all required permits or a valid and currently
4-61 effective order issued or rule adopted by the appropriate
4-62 regulatory agency.
4-63 (q) An offense under Subsection (p) is punishable for an
4-64 individual by:
4-65 (1) a fine of not less than $1,000 or more than
4-66 $100,000;
4-67 (2) confinement in jail not to exceed one year; or
4-68 (3) both fine and confinement.
4-69 (r) An offense under Subsection (p) is punishable for a
4-70 person other than an individual by a fine of not less than $2,500
5-1 or more than $250,000.
5-2 (s) If an offense committed by an individual under
5-3 Subsection (p) results in death or serious bodily injury to any
5-4 person, the individual may be punished by:
5-5 (1) a fine of not less than $2,000 or more than
5-6 $200,000;
5-7 (2) confinement for not less than one year or more
5-8 than two years; or
5-9 (3) both fine and confinement.
5-10 (t) If an offense committed by a person other than an
5-11 individual under Subsection (p) results in death or serious bodily
5-12 injury to any person, the person may be punished by a fine of not
5-13 less than $5,000 or more than $500,000.
5-14 Sec. 361.566. AFFIRMATIVE DEFENSE; KNOWLEDGE REQUIREMENT.
5-15 (a) It is an affirmative defense to prosecution under Section
5-16 361.565 that the conduct charged was freely consented to by the
5-17 person endangered and that the danger and conduct charged were
5-18 reasonably foreseeable hazards of the person's occupation,
5-19 business, or profession or a medical treatment or medical or
5-20 scientific experimentation conducted by professionally approved
5-21 methods and the person endangered had been made aware of the risks
5-22 involved before giving consent.
5-23 (b) In a prosecution of an offense under Section 361.565(a),
5-24 in determining whether a defendant who is an individual knew that
5-25 the violation placed another individual in imminent danger of death
5-26 or serious bodily injury, the defendant is responsible only for the
5-27 defendant's actual awareness or actual belief possessed. Knowledge
5-28 possessed by a person other than the defendant may not be
5-29 attributed to the defendant. To prove a defendant's actual
5-30 knowledge, circumstantial evidence may be used, including evidence
5-31 that the defendant took affirmative steps to be shielded from
5-32 relevant information.
5-33 Sec. 361.567. VENUE. Venue for prosecution for an alleged
5-34 violation under this section is in the county in which the
5-35 violation is alleged to have occurred or in Travis County.
5-36 SECTION 2. If any section, sentence, clause, or part of this
5-37 Act shall, for any reason, be held invalid, such invalidity shall
5-38 not affect the remaining portions of the Act, and it is hereby
5-39 declared to be the intention of this legislature to have passed
5-40 each section, sentence, clause, or part irrespective of the fact
5-41 that any other section, sentence, clause, or part may be declared
5-42 invalid.
5-43 SECTION 3. (a) The changes in law made by this Act apply
5-44 only to a criminal offense committed or a violation that occurs on
5-45 or after the effective date of this Act. For the purposes of this
5-46 Act, a criminal offense is committed or a violation occurs before
5-47 the effective date of this Act if any element of the offense or
5-48 violation occurs before that date.
5-49 (b) A criminal offense committed or violation that occurs
5-50 before the effective date of this Act is covered by the law in
5-51 effect when the criminal offense was committed or the violation
5-52 occurred, and the former law is continued in effect for this
5-53 purpose.
5-54 SECTION 4. This Act takes effect September 1, 1995.
5-55 SECTION 5. The importance of this legislation and the
5-56 crowded condition of the calendars in both houses create an
5-57 emergency and an imperative public necessity that the
5-58 constitutional rule requiring bills to be read on three several
5-59 days in each house be suspended, and this rule is hereby suspended.
5-60 * * * * *