78R7489 DLF-F

By:  Paxton                                                       H.B. No. 3521



A BILL TO BE ENTITLED

AN ACT

relating to destructive human embryo research; providing criminal 
penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subtitle H, Title 2, Health and Safety Code, is 
amended by adding Chapter 171 to read as follows:

CHAPTER 171.  DESTRUCTIVE HUMAN EMBRYO RESEARCH
	Sec. 171.001.  DEFINITIONS.  In this chapter:                           
		(1)  "Destructive research" means a medical procedure, 
scientific or laboratory research, or another kind of procedure or 
investigation that kills or injures the subject of the procedure or 
research.  The term does not include:
			(A)  in vitro fertilization and accompanying 
transfer of a human embryo to a woman's body; or
			(B)  a diagnostic procedure that may benefit a 
human embryo that is subjected to the procedure.
		(2)  "Gamete" means a human sperm or unfertilized human 
ovum.        
		(3)  "Human embryo" means a genetically complete living 
organism of the species Homo sapiens, from the single cell stage to 
eight weeks' development, that is not located in a woman's body.
	Sec. 171.002.  PROHIBITIONS; CRIMINAL OFFENSE.  (a)  A 
person commits an offense if the person:
		(1)  intentionally or knowingly conducts destructive 
research on a human embryo;
		(2)  buys, sells, receives, or otherwise transfers a 
human  embryo knowing that the human embryo will be subjected to 
destructive research; or
		(3)  buys, sells, receives, or otherwise transfers a 
gamete knowing that a human embryo to be subjected to destructive 
research will be produced from the gamete.
	(b)  An offense under this section is a felony of the first 
degree.   
	SECTION 2.  The provisions of this Act are declared to be 
severable, and if any provision, word, phrase, or clause of the Act 
or the application of the provision, word, phrase, or clause of the 
Act to any person is held invalid, the invalidity does not affect 
the validity of the remaining portions of the Act.
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.