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.