1-1     By:  Nelson                                            S.B. No. 102
 1-2           (In the Senate - Filed November 13, 2000; January 11, 2001,
 1-3     read first time and referred to Committee on Jurisprudence;
 1-4     April 11, 2001, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 7, Nays 0; April 11, 2001,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 102                    By:  Brown
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the regulation of cloning of human beings; providing
1-11     penalties.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Chapter 161, Health and Safety Code, is amended
1-14     by adding Subchapter Q to read as follows:
1-15                        SUBCHAPTER Q.  HUMAN CLONING
1-16           Sec. 161.401.  DEFINITIONS.  In this subchapter:
1-17                 (1)  "Human cloning" means the use of human somatic
1-18     cell nuclear transfer technology to produce a human embryo.
1-19                 (2)  "Human embryo" means a human egg cell with a full
1-20     genetic composition capable of differentiating and maturing into a
1-21     fully developed human being.
1-22                 (3)  "Human somatic cell" means a cell of a developing
1-23     or fully developed human being that is not and will not become a
1-24     sperm or egg cell.
1-25                 (4)  "Human somatic cell nuclear transfer" means the
1-26     transfer of the nucleus of a human somatic cell into an egg cell
1-27     from which the nucleus has been removed or rendered inert.
1-28           Sec. 161.402.  HUMAN CLONING PROHIBITED.  (a)  A person may
1-29     not engage in or attempt to engage in human cloning.
1-30           (b)  This subchapter does not restrict scientific research or
1-31     therapies using cloning technologies not expressly prohibited by
1-32     this subchapter.
1-33           Sec. 161.403.  LICENSED VIOLATORS.  A person licensed by a
1-34     state agency as a health care practitioner or health care facility
1-35     who violates Section 161.402 is subject to the same consequence,
1-36     other than a civil penalty, that the person would be subject to if
1-37     the person had violated the licensing law applicable to the person
1-38     or rules adopted under that law.
1-39           Sec. 161.404.  CIVIL PENALTY.  (a)  A person who violates
1-40     Section 161.402 is liable for a civil penalty of not more than $10
1-41     million for each violation.
1-42           (b)  The amount of the penalty shall be based on:
1-43                 (1)  the seriousness of the violation;
1-44                 (2)  the history of previous violations;
1-45                 (3)  the amount necessary to deter a future violation;
1-46     and
1-47                 (4)  any other matter that justice may require.
1-48           (c)  The commissioner or the attorney general may each
1-49     recover reasonable expenses incurred in obtaining a civil penalty
1-50     under this section, including investigation and court costs,
1-51     reasonable attorney's fees, witness fees, and other expenses.  The
1-52     expenses recovered by the commissioner under this section shall be
1-53     used for the administration and enforcement of this subchapter.
1-54     The expenses recovered by the attorney general shall be used by the
1-55     attorney general.
1-56           Sec. 161.405.  CRIMINAL OFFENSE.  (a)  A person commits an
1-57     offense if the person intentionally engages in human cloning.
1-58           (b)  An offense under this section is a felony of the first
1-59     degree.
1-60           SECTION 2.  This Act takes effect September 1, 2001.
1-61                                  * * * * *