SRC-JEC, JBJ C.S.S.B. 102 77(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 102
77R12306 JAT-FBy: Nelson
Jurisprudence
4/10/2001
Committee Report (Substituted)

DIGEST AND PURPOSE 

In recent years, scientists have discovered ways to clone organisms and
animals.  Due to these developments in science, the possibility of cloning
human beings has become a reality.  Currently it is illegal for federal
funds to be used to clone human beings, and a voluntary moratorium on human
cloning is being observed by industry and researchers, yet there are no
provisions in Texas statutes that address cloning.  C.S.S.B. 102 prohibits
the cloning of a human being and provides that doing so constitutes a
felony of the first degree. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 161, Health and Safety Code, by adding Subchapter
Q, as follows: 

SUBCHAPTER Q. HUMAN CLONING

Sec. 161.401. DEFINITIONS.  Defines "human cloning," "human embryo," "human
somatic cell," and "human somatic cell nuclear transfer." 

Sec. 161.402.  HUMAN CLONING PROHIBITED. (a) Prohibits a person from
engaging in or attempting to engage in human cloning. 

(b) Provides that this subchapter does not restrict scientific research or
therapies using cloning technologies not expressly prohibited by this
subchapter. 

Sec. 161.403.  LICENSED VIOLATORS. Provides that a person licensed by a
state agency as a health care practitioner or health care facility who
violates Section 161.402 is subject to the same consequence, other than a
civil penalty, that the person would be subject to if the person had
violated the licensing law applicable to the person or rules adopted under
that law. 

Sec. 161.404. CIVIL PENALTY. (a) Provides that a person who violates
Section 161.402 is liable for a civil penalty of not more than $10 million
for each violation. 

  (b)  Requires the amount of the penalty to be based on:

     _the seriousness of the violation;

     _the history of previous violations;

     _the amount necessary to deter a future violation; and

     _any other matter that justice may require.
 
(c) Authorizes the commissioner of public health (commissioner) or the
attorney general to each recover reasonable expenses incurred in obtaining
a civil penalty under this section, including investigation and court
costs, reasonable attorney's fees, witness fees, and other expenses.
Requires the expenses recovered by the commissioner under this section to
be used for the administration and enforcement of this subchapter.
Requires the expenses recovered by the attorney general to be used by the
attorney general. 

Sec. 161.405. CRIMINAL OFFENSE.  Provides that a person commits an offense
if the person intentionally engages in human cloning.  Makes an offense
under this section a felony of the first degree. 

SECTION 2. Effective date: September 1, 2001.


SUMMARY OF COMMITTEE CHANGES

Differs from the original as follows:

_Modifies the caption.

_Adds the definitions proposed in the substitute and removes the definition
of "clone" proposed in the original. 

_Modifies the verb "to clone a human" to "to engage in human cloning."

_Makes the civil penalty for each violation of the prohibition $10 million,
rather than $10,000. 

_Provides criminal penalties.

_Removes the expiration date and the prospective clauses.