78R10291 JTS-F


By:  King, Bonnen, Jones of Dallas, et al.                        H.B. No. 1175

Substitute the following for H.B. No. 1175:                                   

By:  King                                                     C.S.H.B. No. 1175



A BILL TO BE ENTITLED

AN ACT

relating to the regulation of cloning of human beings; providing 
penalties. 
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 161, Health and Safety Code, is amended 
by adding Subchapter R to read as follows:

SUBCHAPTER R.  HUMAN CLONING
	Sec. 161.451.  DEFINITIONS.  In this subchapter:                        
		(1)  "Human cloning" means the use of human somatic 
cell nuclear transfer technology to produce a human embryo.
		(2)  "Human embryo" means a living organism with a full 
or nearly full human genetic composition in the earliest stages of 
development, including the one-cell stage.
		(3)  "Human somatic cell" means a cell of a developing 
or fully developed, living or deceased, human being that is not a 
sperm or egg cell.
		(4)  "Human somatic cell nuclear transfer" means the 
transfer of the genetic material of a human somatic cell into a 
fertilized or unfertilized egg cell whose genetic material has been 
removed or rendered inert.
	Sec. 161.452.  HUMAN CLONING PROHIBITED.  (a)  A person may 
not engage in or attempt to engage in human cloning.
	(b)  This subchapter does not restrict:                                 
		(1)  scientific research in the use of nuclear transfer 
or other cloning techniques to produce:
			(A)  molecules;                                                       
			(B)  DNA;                                                             
			(C)  cells other than human embryos;                                  
			(D)  tissues;                                                         
			(E)  organs;                                                          
			(F)  plants; or                                                       
			(G)  animals other than humans; or                                    
		(2)  any other research not specifically prohibited by 
this subchapter.
	Sec. 161.453.  LICENSED VIOLATORS.  A person licensed by a 
state agency as a health care practitioner 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)  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)  The amount of the penalty shall be based on:                       
		(1)  the seriousness of the violation;                                 
		(2)  the history of previous violations;                               
		(3)  the amount necessary to deter a future violation; 
and           
		(4)  any other matter that justice may require.                        
	(c)  The attorney general may sue to collect a civil penalty 
under this section. In the suit the commissioner or the attorney 
general may 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.  The expenses recovered by the commissioner under this 
section shall be used for the administration and enforcement of 
this subchapter.  The expenses recovered by the attorney general 
shall be used by the attorney general.
	Sec. 161.455.  CRIMINAL OFFENSE.  (a)  A person commits an 
offense if the person intentionally engages in human cloning.
	(b)  An offense under this section is a felony of the first 
degree.   
	SECTION 2.  This Act takes effect September 1, 2003.