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