By West S.B. No. 1209 77R7256 JAT-F 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 by 1-6 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 complete 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 a cell-based therapy unless the research or therapy is expressly 1-24 prohibited by this subchapter. 2-1 Sec. 161.403. HEALTH FACILITIES. (a) A health facility may 2-2 not permit a person to violate Section 161.402 in or on the 2-3 premises of the facility. 2-4 (b) A health care facility that violates this section, in 2-5 addition to the penalties provided by this subchapter, is subject 2-6 to the same consequences that the facility would be subject to if 2-7 the facility had violated the regulatory law applicable to the 2-8 facility, including any applicable regulatory rules. 2-9 Sec. 161.404. CIVIL PENALTY. (a) A person that violates 2-10 this subchapter is liable for a civil penalty of not more than $10 2-11 million for each violation. 2-12 (b) The attorney general may sue to collect the penalty. 2-13 Sec. 161.405. CRIMINAL OFFENSE. (a) A person commits an 2-14 offense if the person intentionally engages in human cloning. 2-15 (b) An offense under this section is a felony of the second 2-16 degree. 2-17 SECTION 2. This Act takes effect September 1, 2001.