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.