By: Nelson, West S.B. No. 102 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the regulation of cloning of human beings; providing 1-3 penalties. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 161, Health and Safety Code, is amended 1-6 by adding Subchapter Q to read as follows: 1-7 SUBCHAPTER Q. HUMAN CLONING 1-8 Sec. 161.401. DEFINITIONS. In this subchapter: 1-9 (1) "Human cloning" means the use of human somatic 1-10 cell nuclear transfer technology to produce a human embryo. 1-11 (2) "Human embryo" means a human egg cell with a full 1-12 genetic composition capable of differentiating and maturing into a 1-13 fully developed human being. 1-14 (3) "Human somatic cell" means a cell of a developing 1-15 or fully developed human being that is not and will not become a 1-16 sperm or egg cell. 1-17 (4) "Human somatic cell nuclear transfer" means the 1-18 transfer of the nucleus of a human somatic cell into an egg cell 1-19 from which the nucleus has been removed or rendered inert. 1-20 Sec. 161.402. HUMAN CLONING PROHIBITED. (a) A person may 1-21 not engage in or attempt to engage in human cloning. 1-22 (b) This subchapter does not restrict scientific research or 1-23 therapies using cloning technologies not expressly prohibited by 1-24 this subchapter. 1-25 Sec. 161.403. LICENSED VIOLATORS. A person licensed by a 2-1 state agency as a health care practitioner or health care facility 2-2 who violates Section 161.402 is subject to the same consequence, 2-3 other than a civil penalty, that the person would be subject to if 2-4 the person had violated the licensing law applicable to the person 2-5 or rules adopted under that law. 2-6 Sec. 161.404. CIVIL PENALTY. (a) A person who violates 2-7 Section 161.402 is liable for a civil penalty of not less than $5 2-8 million or more than $10 million for each violation. 2-9 (b) The amount of the penalty shall be based on: 2-10 (1) the seriousness of the violation; 2-11 (2) the history of previous violations; 2-12 (3) the amount necessary to deter a future violation; 2-13 and 2-14 (4) any other matter that justice may require. 2-15 (c) The commissioner or the attorney general may each 2-16 recover reasonable expenses incurred in obtaining a civil penalty 2-17 under this section, including investigation and court costs, 2-18 reasonable attorney's fees, witness fees, and other expenses. The 2-19 expenses recovered by the commissioner under this section shall be 2-20 used for the administration and enforcement of this subchapter. 2-21 The expenses recovered by the attorney general shall be used by the 2-22 attorney general. 2-23 Sec. 161.405. CRIMINAL OFFENSE. (a) A person commits an 2-24 offense if the person intentionally engages in human cloning. 2-25 (b) An offense under this section is a felony of the first 2-26 degree. 3-1 SECTION 2. This Act takes effect September 1, 2001.