79R2648 JTS-F
By: King of Parker H.B. No. 864
A BILL TO BE ENTITLED
AN ACT
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:
CHAPTER 168. USE OF HUMAN CELLS AND TISSUE
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.