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 * * * * *