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78R6235 DLF-D
By: Shapleigh S.B. No. 1034
A BILL TO BE ENTITLED
AN ACT
relating to the use of certain human cells and tissue; imposing a
criminal penalty.
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 168 to read as follows:
CHAPTER 168. USE OF HUMAN CELLS AND TISSUE
SUBCHAPTER A. STEM CELL RESEARCH
Sec. 168.001. USE OF HUMAN CELLS PERMITTED. (a) A person
may 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) The research authorized by this section:
(1) must be conducted with full consideration for the
ethical and medical implications of the research; and
(2) must be reviewed, in each case, by an
institutional review board operating in accordance with applicable
federal regulations.
Sec. 168.002. DUTY OF HEALTH CARE PROVIDER. A physician or
other health care provider who is treating a patient for
infertility shall 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) If following a
patient's treatment for infertility unused human embryos remain,
the patient may:
(1) direct that the embryos be stored for the patient's
future use;
(2) donate the embryos to another person for use;
(3) donate the embryos for research purposes; or
(4) direct another disposition.
(b) A patient who donates, for research purposes, embryos
remaining after infertility treatment must consent in writing to
the donation.
[Sections 168.004-168.050 reserved for expansion]
SUBCHAPTER B. HUMAN CLONING
Sec. 168.051. HUMAN CLONING PROHIBITED; OFFENSE. (a) 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) An offense under this section is a third degree felony.
SECTION 2. Section 48.002(c), Penal Code, is amended to
read as follows:
(c) It is an exception to the application of this section
that the valuable consideration is: (1) 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; (2) reimbursement of legal or medical expenses
incurred for the benefit of the ultimate receiver of the organ; (3)
reimbursement of expenses for removal, processing, disposal,
preservation, quality control, storage, transplantation, or
implantation of fetal tissue; or (4) [(3)] 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) The change in law made by this Act applies
only to an offense committed on or after the effective date of this
Act. For purposes of this section, an offense is committed before
the effective date of this Act if any element of the offense occurs
before that date.
(b) An offense committed before the effective date of this
Act is covered by the law in effect when the offense was committed,
and the former law is continued in effect for that purpose.
SECTION 4. 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.