By Nelson S.B. No. 102 77R1006 SGA-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the regulation of cloning of human beings; providing a 1-3 civil penalty. 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 by 1-6 adding Subchapter Q to read as follows: 1-7 SUBCHAPTER Q. HUMAN CLONING 1-8 Sec. 161.401. DEFINITION. In this subchapter, "clone" means 1-9 to replicate an organism by taking a cell with genetic material and 1-10 cultivating that cell through the stages of development into a new 1-11 organism. 1-12 Sec. 161.402. HUMAN CLONING PROHIBITED. (a) A person may 1-13 not clone or attempt to clone a human being. 1-14 (b) This subchapter does not restrict scientific research or 1-15 therapies using cloning technologies not expressly prohibited by 1-16 this subchapter. 1-17 Sec. 161.403. LICENSED VIOLATORS. A person licensed by a 1-18 state agency as a health care practitioner or health care facility 1-19 who violates Section 161.402 is subject to the same consequence, 1-20 other than a civil penalty, that the person would be subject to if 1-21 the person had violated the licensing law applicable to the person 1-22 or rules adopted under that law. 1-23 Sec. 161.404. CIVIL PENALTY. (a) A person who violates 1-24 Section 161.402 is liable for a civil penalty of not more than 2-1 $10,000 for each violation. 2-2 (b) The amount of the penalty shall be based on: 2-3 (1) the seriousness of the violation; 2-4 (2) the history of previous violations; 2-5 (3) the amount necessary to deter a future violation; 2-6 and 2-7 (4) any other matter that justice may require. 2-8 (c) The commissioner or the attorney general may each 2-9 recover reasonable expenses incurred in obtaining a civil penalty 2-10 under this section, including investigation and court costs, 2-11 reasonable attorney's fees, witness fees, and other expenses. The 2-12 expenses recovered by the commissioner under this section shall be 2-13 used for the administration and enforcement of this subchapter. 2-14 The expenses recovered by the attorney general shall be used by the 2-15 attorney general. 2-16 Sec. 161.405. EXPIRATION. This subchapter expires September 2-17 1, 2005. 2-18 SECTION 2. This Act takes effect September 1, 2001. 2-19 SECTION 3. (a) Subchapter Q, Chapter 161, Health and Safety 2-20 Code, applies only to the cloning or attempted cloning of a human 2-21 being that begins on or after September 1, 2001. 2-22 (b) Notwithstanding the expiration of Subchapter Q, Chapter 2-23 161, Health and Safety Code, as added by this Act, as provided by 2-24 Section 161.405, Health and Safety Code, as added by this Act, the 2-25 cloning or attempted cloning of a human being that begins on or 2-26 after September 1, 2001, and before September 1, 2005, is governed 2-27 by the law in effect at the time the cloning or attempted cloning 3-1 begins, and that law is continued in effect for that purpose.