79R5315 JTS-D
By: Swinford H.B. No. 2948
A BILL TO BE ENTITLED
AN ACT
relating to human cloning and the protection of certain research;
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
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 168.001. 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) "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 168.002-168.050 reserved for expansion]
SUBCHAPTER B. HUMAN CLONING
Sec. 168.051. PROHIBITION ON HUMAN CLONING. A person may
not:
(1) conduct or attempt to conduct human cloning;
(2) ship the product of nuclear transplantation for
the purpose of human cloning; or
(3) export an unfertilized blastocyst to a foreign
country that does not prohibit human cloning.
Sec. 168.052. PROTECTION OF RESEARCH. This subchapter does
not restrict practices not expressly prohibited in this subchapter.
Sec. 168.053. CRIMINAL OFFENSE. A person commits an
offense if the person intentionally violates Section 168.051. An
offense under this section is a felony of the first degree.
Sec. 168.054. CIVIL PENALTY. A person who intentionally
violates Section 168.051 is liable to the state for a civil penalty
of $1 million or three times the gross pecuniary gain resulting from
the violation, whichever is greater.
Sec. 168.055. FORFEITURE. Any property derived from or
used to commit a violation of Section 168.051 or any property
traceable to property derived from or used to commit a violation of
Section 168.051 shall be subject to forfeiture to the state in
accordance with Chapter 59, Code of Criminal Procedure.
Sec. 168.056. RIGHT OF ACTION. This section does not create
a private right of action.
[Sections 168.057-168.100 reserved for expansion]
SUBCHAPTER C. ETHICAL REQUIREMENTS FOR NUCLEAR TRANSPLANTATION
RESEARCH
Sec. 168.101. DEFINITIONS. In this subchapter:
(1) "Donating" means giving without receiving
valuable consideration.
(2) "Fertilization" means the fusion of an oocyte
containing a haploid nucleus with a male gamete or sperm cell.
(3) "Valuable consideration" does not include
reasonable payments:
(A) associated with the transportation,
processing, preservation, or storage of a human oocyte or of the
product of nuclear transplantation research; or
(B) to compensate a donor of one or more human
oocytes for the time or inconvenience associated with the donation.
Sec. 168.102. NUCLEAR TRANSPLANTATION RESEARCH OVERSIGHT.
Research involving nuclear transplantation shall be conducted in
accordance with 45 C.F.R. Part 46, Subpart A, or 21 C.F.R. Parts 50
and 56, as applicable.
Sec. 168.103. PROHIBITION ON CONDUCTING NUCLEAR
TRANSPLANTATION ON FERTILIZED EGGS. A person may not transplant a
somatic cell nucleus into a human oocyte that has undergone or will
undergo fertilization.
Sec. 168.104. FOURTEEN-DAY RULE. A person may not maintain
an unfertilized blastocyst for more than 14 days after its first
cell division, not counting any time during which it is stored at
temperatures less than zero degrees centigrade.
Sec. 168.105. VOLUNTARY DONATION OF OOCYTES. An oocyte may
not be used in nuclear transplantation research unless:
(1) the oocyte was donated voluntarily by and with the
informed consent of the woman donating the oocyte; and
(2) the research is conducted in accordance with
Section 168.102.
Sec. 168.106. PROHIBITION ON PURCHASE OR SALE. A person may
not acquire, receive, or otherwise transfer for valuable
consideration a human oocyte or unfertilized blastocyst.
Sec. 168.107. SEPARATION OF IN VITRO FERTILIZATION
LABORATORIES FROM LOCATIONS AT WHICH NUCLEAR TRANSPLANTATION IS
CONDUCTED. A person may not conduct nuclear transplantation in a
laboratory in which human oocytes are subject to assisted
reproductive technology treatments or procedures.
Sec. 168.108. CIVIL PENALTIES. A person who intentionally
violates this subchapter is liable to the state for a civil penalty
of not more than $250,000 for each violation.
SECTION 2. Article 59.01(2), Code of Criminal Procedure, as
amended by Section 2.141, Chapter 198, Section 17, Chapter 257, and
Section 3, Chapter 649, Acts of the 78th Legislature, Regular
Session, 2003, is reenacted and amended to read as follows:
(2) "Contraband" means property of any nature,
including real, personal, tangible, or intangible, that is:
(A) used in the commission of:
(i) any first or second degree felony under
the Penal Code;
(ii) any felony under Section 15.031(b),
21.11, 38.04, Subchapter B of Chapter 43, or Chapter 29, 30, 31, 32,
33, 33A, or 35, Penal Code; [or]
(iii) any felony under The Securities Act
(Article 581-1 et seq., Vernon's Texas Civil Statutes); or
(iv) any felony under Section 168.053,
Health and Safety Code;
(B) used or intended to be used in the commission
of:
(i) any felony under Chapter 481, Health
and Safety Code (Texas Controlled Substances Act);
(ii) any felony under Chapter 483, Health
and Safety Code;
(iii) a felony under Chapter 153, Finance
Code;
(iv) any felony under Chapter 34, Penal
Code;
(v) a Class A misdemeanor under Subchapter
B, Chapter 365, Health and Safety Code, if the defendant has been
previously convicted twice of an offense under that subchapter;
(vi) any felony under Chapter 152, Finance
Code; [or]
(vii) any felony under Chapter 31, 32, or
37, Penal Code, that involves the state Medicaid program, or any
felony under Chapter 36, Human Resources Code; or
(viii) [(vii)] a Class B misdemeanor under
Section 35.60 [35.58], Business & Commerce Code;
(C) the proceeds gained from the commission of a
felony listed in Paragraph (A) or (B) of this subdivision, a
misdemeanor listed in Paragraph (B)(viii) [(B)(vii)] of this
subdivision, or a crime of violence; or
(D) acquired with proceeds gained from the
commission of a felony listed in Paragraph (A) or (B) of this
subdivision, a misdemeanor listed in Paragraph (B)(viii)
[(B)(vii)] of this subdivision, or a crime of violence.
SECTION 3. This Act takes effect September 1, 2005.