79R5623 JTS-D

By:  Armbrister                                                   S.B. No. 943



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 chapter:                           
		(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 asexual 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 knowingly:
		(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 chapter, including:
		(1)  research into the use of nuclear transfer or other 
cloning techniques to produce molecules, deoxyribonucleic acid, 
cells other than human embryos, tissues, organs, or animals other 
than humans; or
		(2)  research involving embryos derived from in vitro 
fertilization. 
	(c)  This section does not apply to:                                    
		(1)  a medical procedure 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:
			(A)  in vitro fertilization; and                                      
			(B)  the administration of fertility-enhancing 
drugs; or            
		(2)  a person treated with cells derived from an embryo 
created through human cloning.
	Sec. 168.003.  CIVIL PENALTY.  (a)  A person who 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 
chapter.
	Sec. 168.004.  CRIMINAL OFFENSE.  A person commits an 
offense if the person violates Section 168.002.  An offense under 
this section is a felony of the first degree.
	SECTION 2.  This Act takes effect September 1, 2005.