By Turner of Harris H.B. No. 2339
77R6337 JJT-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to statutory definitions of terms used in the prosecution
1-3 of certain environmental crimes.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 7.141, Water Code, is amended to read as
1-6 follows:
1-7 Sec. 7.141. DEFINITIONS. In this subchapter and for purposes
1-8 of a prosecution of an offense under this subchapter:
1-9 (1) "Agricultural waste" has the meaning assigned by
1-10 Section 26.001, for prosecution of an offense related to a matter
1-11 regulated under Chapter 26.
1-12 (2) "Appropriate regulatory agency" means the
1-13 commission, the Texas Department of Health, or any other agency
1-14 authorized to regulate the handling and disposal of medical waste.
1-15 (3) "Air contaminant" has the meaning assigned by
1-16 Section 382.003, Health and Safety Code, for prosecution of an
1-17 offense related to a matter regulated under Chapter 382 of that
1-18 code.
1-19 (4) "Air pollution" has the meaning assigned by
1-20 Section 382.003, Health and Safety Code, for prosecution of an
1-21 offense related to a matter regulated under Chapter 382 of that
1-22 code.
1-23 (5) "Association" has the meaning assigned by Section
1-24 1.07, Penal Code, except that the term does not include a
2-1 government.
2-2 (6) [(2)] "Corporation" has the meaning [and
2-3 "association" have the meanings] assigned by Section 1.07, Penal
2-4 Code, except that the term does [terms do] not include a
2-5 government.
2-6 (7) "Discharge" and "to discharge" have the meaning
2-7 assigned by Section 26.001, for prosecution of an offense related
2-8 to a matter regulated under Chapter 26.
2-9 (8) "Disposal" has the meaning assigned by:
2-10 (A) Section 361.003, Health and Safety Code, for
2-11 prosecution of an offense related to a matter regulated under
2-12 Chapter 361 of that code;
2-13 (B) Section 363.004, Health and Safety Code, for
2-14 prosecution of an offense related to a matter regulated under
2-15 Chapter 363 of that code; and
2-16 (C) Section 401.003, Health and Safety Code, for
2-17 prosecution of an offense related to a matter regulated under
2-18 Chapter 401 or 402 of that code.
2-19 (9) "Hazardous waste" has the meaning assigned by:
2-20 (A) Section 361.003, Health and Safety Code, for
2-21 prosecution of an offense related to a matter regulated under
2-22 Chapter 361 of that code; and
2-23 (B) Section 363.004, Health and Safety Code, for
2-24 prosecution of an offense related to a matter regulated under
2-25 Chapter 363 of that code.
2-26 (10) "Industrial and municipal waste" has the meaning
2-27 assigned by Section 27.002, for prosecution of an offense related
3-1 to a matter regulated by the commission under Chapter 27.
3-2 (11) "Industrial waste" has the meaning assigned by
3-3 Section 26.001, for prosecution of an offense related to a matter
3-4 regulated under Chapter 26.
3-5 (12) [(3)] "Large quantity generator" means a person
3-6 who generates more than 50 pounds of medical waste each month.
3-7 (13) [(4)] "Medical waste" includes animal waste, bulk
3-8 blood and blood products, microbiological waste, pathological
3-9 waste, sharps, and special waste from health care-related
3-10 facilities as those terms are defined in 25 T.A.C. Section 1.132
3-11 (Texas Department of Health, Definition, Treatment, and Disposition
3-12 of Special Waste from Health Care-Related Facilities). The term
3-13 does not include medical waste produced on farmland and ranchland
3-14 as defined by Section 252.001(6), Agriculture Code.
3-15 (14) "Municipal waste" has the meaning assigned by
3-16 Section 26.001, for prosecution of an offense related to a matter
3-17 regulated under Chapter 26.
3-18 (15) "Other waste" has the meaning assigned by Section
3-19 26.001, for prosecution of an offense related to a matter regulated
3-20 under Chapter 26.
3-21 (16) "Point source" has the meaning assigned by
3-22 Section 26.001, for prosecution of an offense related to a matter
3-23 regulated under Chapter 26.
3-24 (17) "Pollutant" has the meaning assigned by Section
3-25 26.001, for prosecution of an offense related to a matter regulated
3-26 under Chapter 26.
3-27 (18) "Pollution" has the meaning assigned by:
4-1 (A) Section 26.001, for prosecution of an
4-2 offense related to a matter regulated under Chapter 26; and
4-3 (B) Section 27.002, for prosecution of an
4-4 offense related to a matter regulated by the commission under
4-5 Chapter 27.
4-6 (19) "Recreational waste" has the meaning assigned by
4-7 Section 26.001, for prosecution of an offense related to a matter
4-8 regulated under Chapter 26.
4-9 (20) "Release" has the meaning assigned by:
4-10 (A) Section 361.003, Health and Safety Code, for
4-11 prosecution of an offense related to a matter regulated under
4-12 Chapter 361 of that code; and
4-13 (B) Section 26.342, for prosecution of an
4-14 offense related to a matter regulated under Subchapter I, Chapter
4-15 26.
4-16 (21) "Sewage" has the meaning assigned by Section
4-17 26.001, for prosecution of an offense related to a matter regulated
4-18 under Chapter 26.
4-19 (22) "Sewer" includes a sewer system as defined by
4-20 Section 26.001, for prosecution of an offense related to a matter
4-21 regulated under Chapter 26.
4-22 (23) [(5)] "Serious bodily injury" has the meaning
4-23 assigned by Section 1.07, Penal Code.
4-24 (24) [(6)] "Small quantity generator" means a person
4-25 who generates 50 pounds or less of medical waste each month.
4-26 (25) "Solid waste" has the meaning assigned by:
4-27 (A) Section 361.003, Health and Safety Code, for
5-1 prosecution of an offense related to a matter regulated under
5-2 Chapter 361 of that code; and
5-3 (B) Section 363.004, Health and Safety Code, for
5-4 prosecution of an offense related to a matter regulated under
5-5 Chapter 363 of that code.
5-6 (26) "Storage" has the meaning assigned by Section
5-7 361.003, Health and Safety Code, for prosecution of an offense
5-8 related to a matter regulated under Chapter 361 of that code.
5-9 (27) "Used oil" means oil refined from crude oil, or
5-10 synthetic oil, that, as a result of use, storage, or handling has
5-11 been contaminated by physical or chemical impurities or has become
5-12 unsuitable for its original purpose because of impurities or the
5-13 loss of any of its properties, regardless of whether the oil may
5-14 be:
5-15 (A) suitable for further or a different use; or
5-16 (B) recyclable.
5-17 (28) "Waste" has the meaning assigned by Section
5-18 26.001, for prosecution of an offense related to a matter regulated
5-19 under Chapter 26.
5-20 (29) "Water" has the meaning assigned by:
5-21 (A) Section 26.001, for prosecution of an
5-22 offense related to a matter regulated under Chapter 26; and
5-23 (B) Section 28.001, for prosecution of an
5-24 offense related to a matter regulated under Chapter 28.
5-25 SECTION 2. (a) The changes in law made by this Act apply
5-26 only to an offense committed on or after the effective date of this
5-27 Act. For purposes of this section, an offense is committed before
6-1 the effective date of this Act if any element of the offense occurs
6-2 before that date.
6-3 (b) An offense committed before the effective date of this
6-4 Act is covered by the law in effect when the offense was committed,
6-5 and the former law is continued in effect for that purpose.
6-6 SECTION 3. This Act takes effect September 1, 2001.