79S10864 JTS-D

By:  Shapleigh                                                    S.B. No. 75 



A BILL TO BE ENTITLED

AN ACT

relating to the use of certain human cells and tissue; providing 
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 169 to read as follows:

CHAPTER 169.  USE OF HUMAN CELLS AND TISSUE

SUBCHAPTER A.  GENERAL PROVISIONS
	Sec. 169.001.  DEFINITIONS.  In this chapter:                           
		(1)  "Human cloning" means implanting or attempting to 
implant the product of nuclear transplantation into a uterus or the 
functional equivalent of a uterus.
		(2)  "Human somatic cell" means any human cell other 
than a haploid germ cell.
		(3)  "Nuclear transplantation" means transferring the 
nucleus of a human somatic cell into an oocyte from which the 
nucleus or all chromosomes have been or will be removed or rendered 
inert.
		(4)  "Nucleus" means the cell structure that houses the 
chromosomes. 
		(5)  "Oocyte" means the female germ cell, the egg.                     
		(6)  "Regenerative or reparative medical therapy or 
treatment" means a therapy or treatment in which stem cells are 
induced to differentiate into the specific cell type required to 
repair damaged or depleted adult cell populations or tissues.
		(7)  "Unfertilized blastocyst" means an intact 
cellular structure that is the product of nuclear transplantation.  
The term does not include stem cells, other cells, cellular 
structures, or biological products derived from an intact cellular 
structure that is the product of nuclear transplantation.

[Sections 169.002-169.050 reserved for expansion]

SUBCHAPTER B.  HUMAN CLONING
	Sec. 169.051.  HUMAN CLONING PROHIBITED.  (a)  A person may 
not engage in or attempt to engage in human cloning.
	(b)  A person may not maintain an unfertilized blastocyst for 
more than 14 days after the date of its first cell division, not 
including any time during which the blastocyst is stored at a 
temperature that is less than zero degrees centigrade.
	Sec. 169.052.  LICENSED VIOLATORS.  A person licensed by a 
state agency as a health care practitioner or health care facility 
who violates Section 169.051 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. 169.053.  CIVIL PENALTY.  (a)  A person who violates 
Section 169.051 is liable to the state for a civil penalty of not 
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 attorney general may recover the 
reasonable expenses incurred in obtaining the penalty, including 
investigation and court costs, reasonable attorney's fees, witness 
fees, and other expenses.
	Sec. 169.054.  CRIMINAL OFFENSE.  (a)  A person commits an 
offense if the person intentionally engages in or attempts to 
engage in human cloning. An offense under this subsection is a 
felony of the first degree.
	(b)  A person commits an offense if the person recklessly 
violates Section 169.051(b).  An offense under this subsection is a 
Class A misdemeanor unless it is shown on the trial of the defendant 
that the offense was committed with the intent to engage in human 
cloning, in which case it is a felony of the first degree.

[Sections 169.055-169.100 reserved for expansion]

SUBCHAPTER C.  RESEARCH USING CERTAIN HUMAN CELLS OR TISSUES
	Sec. 169.101.  PROTECTION OF RESEARCH.  This chapter does 
not restrict or prohibit:
		(1)  scientific research, including nuclear 
transplantation, to develop regenerative or reparative medical 
therapies or treatments; or
		(2)  any other research not specifically prohibited by 
this chapter. 
	Sec. 169.102.  RESEARCH OVERSIGHT.  Research described by 
Section 169.101(1) must be:
		(1)  conducted with full consideration for the ethical 
and medical implications of the research; and
		(2)  reviewed, in each case, by an institutional review 
board for compliance with applicable state and federal law.
	Sec. 169.103.  VOLUNTARY DONATION OF OOCYTES.  A person may 
not use an oocyte in nuclear transplantation research unless the 
oocyte was donated voluntarily by and with the informed consent of 
the woman donating the oocyte.

[Sections 169.104-169.150 reserved for expansion]

SUBCHAPTER D.  PROHIBITED SALE OR PURCHASE
	Sec. 169.151.  PURCHASE OR SALE OF OOCYTE OR BLASTOCYST.  (a)  
A person may not purchase, sell, or otherwise transfer for valuable 
consideration a human oocyte or unfertilized blastocyst.
	(b)  In this section, "valuable consideration" does not 
include reasonable payments:
		(1)  associated with the transportation, processing, 
preservation, or storage of a human oocyte; or
		(2)  to compensate a donor for expenses directly 
associated with the donation.
	(c)  A person commits an offense if the person knowingly 
violates Subsection (a).  An offense under this subsection is a 
felony of the first degree.
	SECTION 2.  This Act takes effect November 1, 2005.