SRC-VRA S.B. 156 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 156
78R758 JTS-DBy: Nelson
Jurisprudence
5/6/2003
As Filed


DIGEST AND PURPOSE 

Currently, Texas law does not address the issue of human cloning.  As
proposed, S.B. 156 bans human cloning for any purpose, allows for other
types of cloning research, and provides that anyone who intentionally
engages in human cloning commits a felony of the first degree. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 161, Health and Safety Code, by adding
Subchapter R,  as follows: 

SUBCHAPTER R.  HUMAN CLONING

Sec.  161.451.  DEFINITIONS.  Defines "human cloning," "human embryo,"
"human somatic cell," and "human somatic cell nuclear transfer." 

Sec.  161.452.  HUMAN CLONING PROHIBITED.  (a)  Prohibits a person from
engaging in or attempting to engage in human cloning. 

(b)  Provides that this subchapter does not restrict scientific research
or therapies using cloning technologies not expressly prohibited by this
subchapter. 

Sec.  161.453.  LICENSED VIOLATORS.  Provides that a person licensed by a
state agency as a health care practioner or health care facility who
violates Section 161.452 is subject to the same consequence, other than a
civil penalty, that the person would be subject to if the person had
violated the licensing law applicable to the person or rules adopted under
that law. 

Sec.  161.454.  CIVIL PENALTY.  (a)  Provides that a person who violates
Section 161.452 is liable to the state for a civil penalty of not less
than $5 million or more than $10 million for each violation. 

  (b)  Requires the amount of the penalty to be based on certain criteria.

(c)  Authorizes the attorney general to sue to collect a civil penalty
under this section. Authorizes the commissioner of public health
(commissioner) or the attorney general, in the suit, to each recover the
reasonable expenses the officer incurred in obtaining the penalty,
including investigation and court costs, reasonable attorney's fees,
witness fees, and other expenses.  Requires the expenses recovered by the
commissioner under this section to be used for the administration and
enforcement of this subchapter.  Requires the expenses recovered by the
attorney general to be used by the attorney general. 

Sec.  161.455.  CRIMINAL OFFENSE.  (a)  Provides that a person commits an
offense if  the person intentionally engages in human cloning. 

  (b)  Provides that an offense under this section is a felony of the
first degree. 

SECTION 2.  Effective date:  September 1, 2003.