S.B. 216 78(R)    BILL ANALYSIS


S.B. 216
By: Zaffirini
Public Health
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Veterinarians across Texas treat animals infected with dangerous
pathogens. The 77th Texas Legislature authorized veterinarians to burn or
bury a carcass, provided that the burial or burning occurs on property
owned by the veterinarian and the veterinarian does not charge for the
disposal. 
However, some veterinarians who believed they were complying with the law
were cited and fined 
by the Texas Commission on Environmental Quality for burning medical waste
as they destroyed 
contaminated carcasses.  S.B. 216 would allow veterinarians to burn
associated medical waste along with an animal carcass. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

Amends Section 801.361, Occupations Code, as follows:  (a) Defines medical
waste;  (b) Authorizes a veterinarian under certain circumstances to
dispose of the remains of an animal and medical waste associated with the
animal by burial or burning; (c) Prohibits the Texas Commission on
Environmental Quality (TCEQ) from adopting a rule that prohibits conduct
authorized by this section, notwithstanding any other laws; and (d)
Provides that this section prevails over any other law that authorizes a
governmental entity to prohibit or restrict outdoor burning or abate a
public nuisance and deletes text referencing a county with a population of
less than 10,000. 

EFFECTIVE DATE

September 1, 2003.