78R2457 SMH-D

By:  Zaffirini                                                    S.B. No. 216



A BILL TO BE ENTITLED

AN ACT

relating to the disposal by a veterinarian of animal remains and 
associated medical waste.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 801.361, Occupations Code, is amended to 
read as follows:
	Sec. 801.361.  DISPOSAL OF ANIMAL REMAINS.  (a)  In this 
section, "medical waste" includes animal waste, blood, gloves, 
sleeves, newspapers, and plastic bags, but does not include sharps.
	(b)  A veterinarian may dispose of the remains of an animal 
and medical waste associated with the animal by burial or burning 
if:
		(1)  the burial or burning occurs on property owned by 
the veterinarian;  and
		(2)  at least one of the following requirements is met:                
			(A)  a veterinarian-client-patient relationship 
existed between the veterinarian, the owner or other caretaker of 
the animal, and the animal before the animal's death;
			(B)  the veterinarian diagnosed, treated, 
boarded, or otherwise cared for the animal before its death; or
			(C)  the veterinarian performed euthanasia or an 
autopsy on the animal [the veterinarian does not charge for the 
burning or burial].
	(c) [(b)] Notwithstanding any other law, the Texas [Natural 
Resource Conservation] Commission on Environmental Quality may not 
adopt a rule that prohibits conduct authorized by this section.
	(d) [(c)]  This section prevails over any other law that 
authorizes a governmental entity to:
		(1)  prohibit or restrict outdoor burning; or                          
		(2)  abate a public nuisance [applies only in a county 
with a population of less than 10,000].
	SECTION 2.  This Act takes effect September 1, 2003.