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  -------------------------------------------------------------------