SRC-JBJ S.B. 1209 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1209
77R7256 JAT-FBy: West, Royce
Jurisprudence
3/23/2001
As Filed


DIGEST AND PURPOSE 

Currently, there are no statutes that address the recent advancements in
the science of cloning.  As proposed, S.B. 1209 prohibits the cloning of
human beings and provides a civil and criminal penalty cloning. 

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
a cell-based therapy unless the research or therapy is expressly prohibited
by this subchapter. 

Sec. 161.403.  HEALTH FACILITIES.  (a)  Prohibits a health facility from
permitting a person to violate Section 161.402 in or on the premises of the
facility. 

(b)  Provides that a health care facility that violates this section, in
addition to the penalties provided by this subchapter, is subject to the
same consequences that the facility would be subject to if the facility had
violated the regulatory law applicable to the facility, including any
applicable regulatory rules. 

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

  (b)  Authorizes the attorney general to sue to collect the penalty.

Sec. 161.405.  CRIMINAL OFFENSE.  (a)  Provides that a person commits an
offense if the person intentionally engages in human cloning. 

  (b)  Provides that an offense under this section is a felony of the
second degree. 

SECTION 2.  Effective date: September 1, 2001.