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79R2648 JTS-F

By:  King of Parker                                               H.B. No. 864

relating to the regulation of the cloning of human beings; 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 168 to read as follows:
Sec. 168.001. DEFINITIONS. In this subchapter: (1) "Embryo" means an organism of the species homo sapiens from the single cell stage to eight weeks of development. (2) "Fetus" means an organism of the species homo sapiens from eight weeks of development until complete expulsion or extraction from a woman's body or removal from an artificial womb or other similar environment designed to nurture the development of the organism. (3) "Human cloning" means human reproduction not initiated by the union of oocyte and sperm, accomplished by introducing the genetic material from one or more human somatic cells into a fertilized or unfertilized oocyte whose nuclear material has been removed or inactivated to produce a living human organism, at any stage of development, that is genetically virtually identical to an existing or previously existing human organism. (4) "Oocyte" means the human female germ cell, the egg. (5) "Somatic cell" means a diploid cell at any stage of development, having a complete set of chromosomes, obtained or derived from a living or deceased human body. Sec. 168.002. HUMAN CLONING PROHIBITED. (a) A person may not: (1) perform or attempt to perform human cloning; (2) participate in an attempt to perform human cloning; (3) ship or transfer for any purpose a human embryo or fetus produced by human cloning; (4) receive for any purpose a human embryo or fetus produced by human cloning; (5) ship, transfer, or receive, wholly or partly, any oocyte, embryo, fetus, or human somatic cell for the purpose of human cloning; or (6) perform or attempt to perform research on a human embryo or fetus created by human cloning. (b) This section does not restrict areas of scientific research not specifically prohibited by this subchapter, including research into the use of nuclear transfer or other cloning techniques to produce molecules, deoxyribonucleic acid, cells other than human embryos, tissues, organs, animals other than humans, or plants. (c) This section does not apply to a medical procedure used to assist a woman in becoming or remaining pregnant if the procedure is not specifically intended to result in the gestation or birth of a child who is genetically identical to another conceptus, embryo, fetus, or human being, living or dead, including: (1) in vitro fertilization; and (2) the administration of fertility-enhancing drugs. Sec. 168.003. CIVIL PENALTY. (a) A person who intentionally or knowingly violates this chapter is liable to the state for a civil penalty of not less than $500,000 or more than $1 million for each violation. 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. (b) 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. Money recovered by the attorney general under this section may be appropriated only to the office of the attorney general to administer and enforce this subchapter. Sec. 168.004. CRIMINAL OFFENSE. (a) A person commits an offense if the person intentionally violates Section 168.002. An offense under this section is a felony of the first degree. (b) It is a defense to prosecution for conduct under Section 168.002(a)(4) that the person received, for the sole purpose of treating an illness of the person, embryonic cells produced by human cloning. SECTION 2. This Act takes effect September 1, 2005.