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HB 2244, if passed, would modify the Health and Safety Code
(Section 361) by creating a more distinct regime for medical waste. The first
set of additions are merely relevant definitions and a statement that medical
waste is to be managed by the Texas Commission on Environmental Quality. Specifically,
the Commission would be tasked with regulating and permitting the handling, processing,
and transportation of medical waste. Further additions to code introduced by HB
2244 address pollution control issues, record keeping, reporting, and
transportation requirements.
Strictly speaking, HB 2244 expands the code and the
activities which may be overseen by the Texas Commission on Environmental
Quality. Nevertheless, the new regime is a prudent one. The distinction
between medical waste specifically, and commercial and municipal waste more
broadly, is one that makes sense. HB 2244 is an expansion of state authority,
but a legitimate one, and as a result of this balance we are neutral on HB
2244.