| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to a ban on human cloning; 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 169 to read as follows: |
|
|
CHAPTER 169. BIOMEDICAL RESEARCH OVERSIGHT |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 169.001. DEFINITIONS. In this chapter: |
|
|
(1) "Fertilization" means the fusion of a female germ |
|
|
cell containing a haploid nucleus with a male gamete or sperm cell. |
|
|
(2) "Human cloning" means implanting or attempting to |
|
|
implant into a uterus or the functional equivalent of a uterus a |
|
|
human embryo created by a method other than fertilization. |
|
|
[Sections 169.002-169.050 reserved for expansion] |
|
|
SUBCHAPTER B. HUMAN CLONING |
|
|
Sec. 169.051. HUMAN CLONING PROHIBITED. A person may not |
|
|
engage in or attempt to engage in human cloning. |
|
|
Sec. 169.052. LICENSED VIOLATORS. A person licensed by a |
|
|
state agency as a health care practitioner or health care facility |
|
|
who violates Section 169.051 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. 169.053. CIVIL PENALTY. (a) A person who violates |
|
|
Section 169.051 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. 169.054. CRIMINAL OFFENSE. A person commits an |
|
|
offense if the person intentionally engages in or attempts to |
|
|
engage in human cloning. An offense under this section is a felony |
|
|
of the first degree. |
|
|
SECTION 2. This Act takes effect September 1, 2007. |