79R4510 JTS-D
By: Shapleigh S.B. No. 1733
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 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) "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 168.002-168.050 reserved for expansion]
SUBCHAPTER B. HUMAN CLONING
Sec. 168.051. 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. 168.052. LICENSED VIOLATORS. A person licensed by a
state agency as a health care practitioner or health care facility
who violates Section 168.051 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. 168.053. CIVIL PENALTY. (a) A person who violates
Section 168.051 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. 168.054. 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 168.051(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 168.055-168.100 reserved for expansion]
SUBCHAPTER C. RESEARCH USING CERTAIN HUMAN CELLS OR TISSUES
Sec. 168.101. 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. 168.102. RESEARCH OVERSIGHT. Research described by
Section 168.101(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 and
after consideration of the guidelines developed under Section
168.103.
Sec. 168.103. ADVISORY COMMITTEE ON RESEARCH TO DEVELOP
REGENERATIVE OR REPARATIVE MEDICAL THERAPIES OR TREATMENTS. (a)
The executive commissioner of the Health and Human Services
Commission shall establish an advisory committee to develop
guidelines for research described by Section 168.101(1).
(b) The advisory committee consists of 13 members appointed
by the executive commissioner of the Health and Human Services
Commission as follows:
(1) seven scientists with experience in biomedical
research in the fields of cell differentiation, nuclear
reprogramming, tissue formation and regeneration, stem cell
biology, developmental biology, regenerative medicine, or related
fields;
(2) two medical ethicists;
(3) two persons with backgrounds in legal issues
related to research described by Section 168.101(1), in vitro
fertilization, or family law, as it applies to the donation of
embryos and oocytes; and
(4) two persons who are members or leaders of
religious organizations.
(c) The advisory committee shall revise and update the
guidelines developed under this section as necessary.
(d) Section 2110.008, Government Code, does not apply to the
advisory committee.
Sec. 168.104. 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 168.105-168.150 reserved for expansion]
SUBCHAPTER D. PROHIBITED SALE OR PURCHASE
Sec. 168.151. 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. (a) The executive commissioner of the Health and
Human Services Commission shall appoint members to the advisory
committee as required by Section 168.103, Health and Safety Code,
as added by this Act, not later than November 1, 2005.
(b) The advisory committee shall adopt research guidelines
as required by Section 168.103, Health and Safety Code, as added by
this Act, not later than June 1, 2006.
SECTION 3. This Act takes effect September 1, 2005.