SRC-JLB, AMY S.B. 1034 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1034
78R6235 DLF-DBy: Shapleigh
Jurisprudence
4/5/2003
As Filed


DIGEST AND PURPOSE 

An estimated 128 million Americans suffer from the crippling economic and
psychological burden of chronic, degenerative, and acute diseases,
including Alzheimer's disease, cancer, diabetes, and Parkinson's disease.
Treating these conditions and the resulting loss of work constitutes
hundreds of billions of dollars annually, in addition to the human loss
and suffering associated with these conditions.  As proposed, S.B. 1034
authorizes human stem cell research under certain conditions and sets
forth requirements governing informed and written consent of a donor.
This bill also prohibits human cloning and establishes a violation of this
prohibition as a third degree felony. 

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 Title 2H, Health and Safety Code, by adding Chapter
168, as follows: 

CHAPTER 168. USE OF HUMAN CELLS AND TISSUE

SUBCHAPTER A. STEM CELL RESEARCH

Sec. 168.001.  USE OF HUMAN CELLS PERMITTED.  (a)  Authorizes a person to
conduct research involving the derivation and use of human embryonic stem
cells, human embryonic germ cells, and human adult stem cells, including
cells from somatic cell nuclear transplantation. 

  (b)  Requires research authorized by this section to meet certain
standards. 

Sec. 168.002.  DUTY OF HEALTH CARE PROVIDER.  Requires a physician or
other health care provider who is treating a patient for infertility to
provide the patient with timely, relevant, and appropriate information
sufficient to allow the patient to make an informed and voluntary choice
regarding the disposition of any human embryos remaining following the
infertility treatment in accordance with Section 168.003. 

Sec. 168.003.  PATIENT OPTIONS.  (a)  Authorizes the patient, if following
a patient's treatment for infertility unused human embryos remain, to
perform certain acts. 

(b)  Requires a patient who donates, for research purposes, embryos
remaining after infertility treatment to consent in writing to the
donation. 

[Reserves Sections 168.004-168.050 reserved for expansion.]

SUBCHAPTER B. HUMAN CLONING

Sec. 168.051.  HUMAN CLONING PROHIBITED; OFFENSE.  (a)  Provides that a
person commits an offense if the person, directly or indirectly, knowingly
engages in or  assists in the replication of a human individual by
cultivating a cell with the individual's genetic material through the egg,
embryo, fetal, and newborn stages into a new human individual. 
 
  (b)  Provides that an offense under this section is a third degree
felony. 

SECTION 2.  Amends Section 48.002(c), Penal Code, to provided that it is
an exception to the application of this section that the valuable
consideration is:  a fee paid to a physician or to other medical personnel
for services rendered in the usual course of medical practice or a fee
paid for hospital or other clinical services;  reimbursement of legal or
medical expenses incurred for the benefit of the ultimate receiver of the
organ;  reimbursement of expenses for removal, processing, disposal,
preservation, quality control, storage, transplantation, or implantation
of fetal tissue;  or reimbursement of expenses of travel, housing, and
lost wages incurred by the donor of a human organ in connection with the
donation of the organ. 

SECTION 3.  (a) and (b) Make an application of this Act prospective.

SECTION 4.  Effective date:  upon passage or September 1, 2003.