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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting human cloning and other uses of human |
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tissue by institutions of higher education; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 51, Education Code, is amended by adding |
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Subchapter I to read as follows: |
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SUBCHAPTER I. PROHIBITION AGAINST HUMAN CLONING AND OTHER USES OF |
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HUMAN TISSUE |
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Sec. 51.451. DEFINITIONS. In this chapter: |
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(1) "Human cloning" means implanting or attempting to |
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implant the product of nuclear transplantation into a uterus or the |
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functional equivalent of a uterus. |
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(2) "Human somatic cell" means any human cell other |
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than a haploid germ cell. |
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(3) "Institution of higher education" means a public |
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institution of higher education as defined by Section 61.003 or a |
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private college or university that receives state funds, and |
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includes any person affiliated with the institution who is using |
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the facilities or property of the institution. |
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(4) "Nuclear transplantation" means transferring the |
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nucleus of a human somatic cell into an oocyte from which the |
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nucleus or all chromosomes have been or will be removed or rendered |
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inert. |
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(5) "Nucleus" means the cell structure that houses the |
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chromosomes. |
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(6) "Oocyte" means the female germ cell, the egg. |
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(7) "Regenerative or reparative medical therapy or |
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treatment" means a therapy or treatment in which stem cells are |
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induced to differentiate into the specific cell type required to |
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repair damaged or depleted adult cell populations or tissues. |
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(8) "Unfertilized blastocyst" means an intact |
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cellular structure that is the product of nuclear transplantation. |
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The term does not include stem cells, other cells, cellular |
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structures, or biological products derived from an intact cellular |
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structure that is the product of nuclear transplantation. |
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Sec. 51.452. HUMAN CLONING PROHIBITED. (a) An institution |
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of higher education may not engage in or attempt to engage in human |
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cloning. |
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(b) An institution of higher education may not maintain an |
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unfertilized blastocyst for more than 14 days after the date of its |
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first cell division, not including any time during which the |
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blastocyst is stored at a temperature that is less than zero degrees |
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centigrade. |
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Sec. 51.453. PROTECTION OF RESEARCH. This chapter does not |
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restrict or prohibit: |
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(1) scientific research, including nuclear |
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transplantation, to develop regenerative or reparative medical |
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therapies or treatments; or |
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(2) any other research not specifically prohibited by |
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this chapter. |
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Sec. 51.454. RESEARCH OVERSIGHT. Research described by |
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Section 51.453(1) must be: |
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(1) conducted with full consideration for the ethical |
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and medical implications of the research; and |
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(2) reviewed, in each case, by an institutional review |
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board for compliance with applicable state and federal law. |
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Sec. 51.455. VOLUNTARY DONATION OF OOCYTES. An institution |
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of higher education may not use an oocyte in nuclear |
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transplantation research unless the oocyte was donated voluntarily |
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by and with the informed consent of the woman donating the oocyte. |
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Sec. 51.456. PURCHASE OR SALE OF OOCYTE OR BLASTOCYST. (a) |
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An institution of higher education may not purchase, sell, or |
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otherwise transfer for valuable consideration a human oocyte or |
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unfertilized blastocyst. |
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(b) In this section, "valuable consideration" does not |
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include reasonable payments: |
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(1) associated with the transportation, processing, |
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preservation, or storage of a human oocyte; or |
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(2) to compensate a donor for expenses directly |
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associated with the donation. |
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Sec. 51.457. LOSS OF STATE FUNDING. An institution of |
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higher education that violates this subchapter is ineligible to |
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receive state funds. |
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Sec. 51.458. CIVIL PENALTY. (a) A person who violates this |
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subchapter is liable to the state for a civil penalty of not more |
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than $10 million for each violation. |
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(b) The amount of the penalty shall be based on: |
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(1) the seriousness of the violation; |
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(2) the history of previous violations; |
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(3) the amount necessary to deter a future violation; |
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and |
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(4) any other matter that justice may require. |
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(c) The attorney general may sue to collect a civil penalty |
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under this section. In the suit the attorney general may recover the |
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reasonable expenses incurred in obtaining the penalty, including |
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investigation and court costs, reasonable attorney's fees, witness |
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fees, and other expenses. |
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SECTION 2. This Act takes effect September 1, 2007. |