H.B. No. 2244
  relating to the regulation of medical waste; adding and amending
  provisions subject to a criminal penalty.
         SECTION 1.  Section 361.003, Health and Safety Code, is
  amended by adding Subdivisions (14-a) and (18-a) to read as
               (14-a)  "Health care-related facility" means a
  facility listed under 25 T.A.C. Section 1.134. The term does not
                     (A)  a single-family or multifamily dwelling; or
                     (B)  a hotel, motel, or other establishment that
  provides lodging and related services for the public.
               (18-a)  "Medical waste" means treated and untreated
  special waste from health care-related facilities composed of
  animal waste, bulk blood, bulk human blood, bulk human body fluids,
  microbiological waste, pathological waste, and sharps, as those
  terms are defined by 25 T.A.C. Section 1.132, as well as regulated
  medical waste, as that term is defined by 49 C.F.R. Section 173.134.
  The term does not include:
                     (A)  waste produced on a farm or ranch as defined
  by 34 T.A.C. Section 3.296(f); or
                     (B)  artificial, nonhuman materials removed from
  a patient and requested by the patient, including orthopedic
  devices and breast implants.
         SECTION 2.  Subchapter C, Chapter 361, Health and Safety
  Code, is amended by adding Section 361.0905 to read as follows:
         Sec. 361.0905.  REGULATION OF MEDICAL WASTE. (a)  The
  commission is responsible under this section for the regulation of
  the handling, transportation, storage, and disposal of medical
         (b)  The commission shall accomplish the purposes of this
  chapter by requiring a permit, registration, or other authorization
  for and otherwise regulating the handling, storage, disposal, and
  transportation of medical waste. The commission shall adopt rules
  as necessary to accomplish the purposes of this subchapter.
         (c)  The commission has the powers and duties specifically
  prescribed by this chapter relating to medical waste regulation and
  all other powers necessary or convenient to carry out those
  responsibilities under this chapter.
         (d)  In matters relating to medical waste regulation, the
  commission shall consider water pollution control and water quality
  aspects, air pollution control and ambient air quality aspects, and
  the protection of human health and safety.
         (e)  Rules adopted to regulate the operation of municipal
  solid waste storage and processing units apply in the same manner to
  medical waste only to the extent that the rules address:
               (1)  permit and registration requirements that can be
  made applicable to a facility that handles medical waste, including
  requirements related to:
                     (A)  applications;
                     (B)  site development;
                     (C)  notice; and
                     (D)  permit or registration duration and limits;
               (2)  minor modifications to permits and registrations,
  including changes in operating hours and buffer zones;
               (3)  the reconciliation of conflicting site operation
  plan provisions for a site that conducts activities that require a
  separate permit or authorization;
               (4)  waste acceptance and analysis;
               (5)  facility-generated waste, including wastewater
  and sludge;
               (6)  contaminated water management;
               (7)  on-site storage areas for source-separated or
  recyclable materials;
               (8)  the storage of waste:
                     (A)  to prevent the waste from becoming a hazard,
  including a fire hazard, to human health or safety;
                     (B)  to ensure the use of sufficient containers
  between collections; and
                     (C)  to prevent the waste from becoming litter;
               (9)  closure requirements for storage and processing
               (10)  recordkeeping and reporting requirements, except
  for rules regarding the recordkeeping provisions required to
  justify the levels of recovered recycled products;
               (11)  fire protection;
               (12)  access control;
               (13)  unloading waste;
               (14)  spill prevention and control;
               (15)  operating hours;
               (16)  facility signage;
               (17)  control of litter, including windblown material;
               (18)  noise pollution and visual screening;
               (19)  capacity overloading and mechanical breakdown;
               (20)  sanitation, including employee sanitation
               (21)  ventilation and air pollution control, except as
  those rules apply to:
                     (A)  process areas where putrescible waste is
                     (B)  the minimal air exposure for liquid waste;
                     (C)  the cleaning and maintenance of mobile waste
  processing unit equipment; and
               (22)  facility health and safety plans, including
  employee training in health and safety.
         (f)  Medical waste facilities, on-site treatment services
  and mobile treatment units that send treated medical waste and
  treated medical waste including sharps or residuals of sharps to a
  solid waste landfill must include a statement to the solid waste
  landfill that the shipment has been treated by an approved method in
  accordance with 25 T.A.C. Section 1.136 (relating to Approved
  Methods of Treatment and Disposition). Home generated wastes are
  exempted from this requirement.
         (g)  In a facility that handles medical waste processing or
  storage, the commission shall not require a minimum separating
  distance greater than 25 feet between the processing equipment or
  storage area, and the facility boundary owned or controlled by the
  owner or operator.  A medical waste storage unit is not subject to
  this subsection, provided that medical waste contained in transport
  vehicles is refrigerated below 45 degrees if the waste is in the
  vehicle longer than 72 hours.  The commission may consider
  alternatives to the buffer zone requirements of this subsection for
  permitted, registered, or otherwise authorized medical waste
  processing and storage facilities.
         SECTION 3.  Section 7.141(4), Water Code, is amended to read
  as follows:
               (4)  "Medical waste" has the meaning assigned by
  Section 361.003, Health and Safety [includes animal waste, bulk
  blood and blood products, microbiological waste, pathological
  waste, sharps, and special waste from health care-related
  facilities as those terms are defined in 25 T.A.C. Section 1.132
  (Texas Department of Health, Definition, Treatment, and
  Disposition of Special Waste from Health Care-Related Facilities).  
  The term does not include medical waste produced on farmland and
  ranchland as defined by Section 252.001(6), Agriculture] Code.
         SECTION 4.  Section 361.560, Health and Safety Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is repealed.
         SECTION 5.  (a) Not later than June 1, 2016, the Texas
  Commission on Environmental Quality shall adopt rules to implement
  the changes in law made by this Act. The rules must be adopted in the
  form of a new chapter of the Texas Administrative Code that includes
  all rules of the commission relating to medical waste regulation.
         (b)  Rules adopted to implement the changes in law made by
  this Act must minimize the effect on other rules regulating
  municipal solid waste facilities.
         SECTION 6.  A facility that has a permit, registration,
  pending permit application, or other authorization that allows the
  handling of medical waste is not required to comply with the changes
  in law made by this Act until rules adopted by the Texas Commission
  on Environmental Quality to implement the changes in law made by
  this Act take effect.  Any change to a permit, registration, or
  other authorization in effect on the effective date of this Act that
  is necessary to implement the changes in law made by this Act may be
  authorized without notice and comment and shall not be referred for
  a contested case proceeding.
         SECTION 7.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2015.
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
         I certify that H.B. No. 2244 was passed by the House on April
  27, 2015, by the following vote:  Yeas 141, Nays 2, 1 present, not
  Chief Clerk of the House   
         I certify that H.B. No. 2244 was passed by the Senate on May
  20, 2015, by the following vote:  Yeas 31, Nays 0.
  Secretary of the Senate    
  APPROVED:  _____________________