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.