SRC-VRA, TAG S.B. 216 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 216
78R2457 SMH-DBy: Zaffirini
Health and Human Services
3/17/2003
As Filed


DIGEST 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.  As proposed, S.B. 216 would allow veterinarians to burn
associated medical waste along with an animal carcass. 

RULEMAKING AUTHORITY
  
This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 801.361, Occupations Code, as follows:

 Sec.  801.361.  DISPOSAL OF ANIMAL REMAINS.  (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.  Creates a new Subsection (b) from existing and
proposed text. 

(c)  Prohibits the Texas Commission on Environment Quality (TCEQ) from
adopting a rule that prohibits conduct authorized by this section,
notwithstanding any other laws. Relettered from existing Subsection (b). 

(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.  Deletes text referencing a county with a
population of less than 10,000.  Relettered from existing Subsection (c). 

SECTION 2.  Effective date:  September 1, 2003.