1-1 By: Ellis S.B. No. 512
1-2 (In the Senate - Filed March 1, 1993; March 1, 1993, read
1-3 first time and referred to Committee on Jurisprudence;
1-4 March 7, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 0; March 16, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Henderson x
1-10 Harris of Tarrant x
1-11 Brown x
1-12 Harris of Dallas x
1-13 Luna x
1-14 Parker x
1-15 West x
1-16 COMMITTEE SUBSTITUTE FOR S.B. No. 512 By: Harris of Tarrant
1-17 A BILL TO BE ENTITLED
1-18 AN ACT
1-19 relating to familial relationships in cases of egg or embryo
1-20 donation.
1-21 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-22 SECTION 1. Chapter 12, Family Code, is amended by adding
1-23 Sections 12.03A and 12.03B to read as follows:
1-24 Sec. 12.03A. OOCYTE DONATION. (a) If a husband consents to
1-25 provide sperm to fertilize a donor oocyte by in vitro fertilization
1-26 or other assisted reproductive techniques and the wife consents to
1-27 have a donor oocyte that has been fertilized with her husband's
1-28 sperm, pursuant to his consent, placed in her uterus, any resulting
1-29 child is the legitimate child of both of them. The consent of each
1-30 must be in writing.
1-31 (b) If a donor oocyte that has been fertilized with her
1-32 husband's sperm implants in a wife's uterus, any resulting child is
1-33 not the child of the donor of the oocyte.
1-34 Sec. 12.03B. EMBRYO DONATION. (a) If, with the consent of
1-35 the husband and the wife, a donated preimplantation embryo implants
1-36 in the uterus of the wife, any resulting child is the legitimate
1-37 child of both of them. The consent must be in writing.
1-38 (b) If, with the consent of the husband and the wife, a
1-39 donated preimplantation embryo implants in the uterus of the wife,
1-40 any resulting child is not the child of the donor or donors of the
1-41 preimplantation embryo.
1-42 (c) Subsection (a) of this section and Section 12.03(b) of
1-43 this code apply whether the donated preimplantation embryo is the
1-44 result of separate egg and sperm donations or the result of
1-45 donation of an embryo created for the purpose of assisting the
1-46 reproduction of the donating couple.
1-47 SECTION 2. The importance of this legislation and the
1-48 crowded condition of the calendars in both houses create an
1-49 emergency and an imperative public necessity that the
1-50 constitutional rule requiring bills to be read on three several
1-51 days in each house be suspended, and this rule is hereby suspended,
1-52 and that this Act take effect and be in force from and after its
1-53 passage, and it is so enacted.
1-54 * * * * *
1-55 Austin,
1-56 Texas
1-57 March 16, 1993
1-58 Hon. Bob Bullock
1-59 President of the Senate
1-60 Sir:
1-61 We, your Committee on Jurisprudence to which was referred S.B. No.
1-62 512, have had the same under consideration, and I am instructed to
1-63 report it back to the Senate with the recommendation that it do not
1-64 pass, but that the Committee Substitute adopted in lieu thereof do
1-65 pass and be printed.
1-66 Henderson,
1-67 Chairman
1-68 * * * * *
2-1 WITNESSES
2-2 FOR AGAINST ON
2-3 ___________________________________________________________________
2-4 Name: Sars Rusk McGonagle x
2-5 Representing: Texas Nurses Ass'n
2-6 City: Austin
2-7 -------------------------------------------------------------------
2-8 Name: John A. Robertson x
2-9 Representing: Infertile couples
2-10 City: Austin
2-11 -------------------------------------------------------------------
2-12 Name: Richard Bays x
2-13 Representing: Tx Dept Health
2-14 City: Austin
2-15 -------------------------------------------------------------------
2-16 Name: Emilio Torres x
2-17 Representing: Texas Invitro-fertilization
2-18 City: Austin
2-19 -------------------------------------------------------------------
2-20 Name: Betty J. Leach x
2-21 Representing: Infertile Public & Resolve
2-22 City: Austin
2-23 -------------------------------------------------------------------
2-24 Name: Ruby Diane Fischer x
2-25 Representing: TX Invitro-fertilization
2-26 City: Austin
2-27 -------------------------------------------------------------------