Sec. 7.165.  VIOLATIONS RELATING TO MEDICAL WASTE:  SMALL GENERATOR.  (a)  A person commits an offense if the person is a small quantity generator and the person, acting intentionally or knowingly with respect to the person's conduct:
(1)  generates, collects, stores, processes, exports, or disposes of, or causes or allows to be generated, collected, stored, processed, exported, or disposed of, any medical waste without all permits required by the appropriate regulatory agency or in knowing violation of any material condition or requirement of a permit or of an applicable interim status rule or standard;  or
(2)  generates, collects, stores, treats, transports, or disposes of, or causes or allows to be generated, collected, stored, treated, transported, or disposed of, or otherwise handles any medical waste, and knowingly destroys, alters, conceals, or does not file a record, report, manifest, or other document required to be maintained or filed under rules adopted by the appropriate regulatory agency.
(b)  An offense under this section is punishable for an individual under Section 7.187(1)(A).  If it is shown on the trial of an individual that the individual has been previously convicted of an offense under this section, the offense is punishable for an individual under Section 7.187(1)(B) or Section 7.187(2)(C) or both.
(c)  An offense under this section is punishable for a person other than an individual under Section 7.187(1)(B).  If it is shown on the trial of a person other than an individual that the person has been previously convicted of an offense under this section, the offense is punishable under Section 7.187(1)(C).
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 2, eff. Sept. 1, 1997.