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A BILL TO BE ENTITLED
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AN ACT
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relating to required labeling of certain products that contain or |
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are derived from aborted human fetal tissue. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 431, Health and Safety |
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Code, is amended by adding Section 431.085 to read as follows: |
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Sec. 431.085. LABELING REQUIRED FOR FETAL TISSUE FOOD |
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PRODUCT. (a) In this section: |
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(1) "Fetal tissue food product" means a food or food |
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additive that: |
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(A) contains human fetal tissue; |
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(B) is manufactured using human fetal tissue; or |
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(C) is otherwise derived from research using |
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human fetal tissue. |
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(2) "Human fetal tissue" means tissue, cells, or |
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organs obtained from an aborted unborn child. |
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(b) A person may not sell in this state a fetal tissue food |
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product unless the product is clearly and conspicuously labeled in |
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accordance with department rules. |
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(c) The executive commissioner by rule shall prescribe the |
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form and contents of the label required by Subsection (b). |
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SECTION 2. Subchapter E, Chapter 431, Health and Safety |
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Code, is amended by adding Section 431.118 to read as follows: |
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Sec. 431.118. LABELING REQUIRED FOR FETAL TISSUE MEDICAL |
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PRODUCT. (a) In this section: |
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(1) "Fetal tissue medical product" means a medication, |
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vaccine, or other medical product used in medical treatment that: |
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(A) contains human fetal tissue; |
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(B) is manufactured using human fetal tissue; or |
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(C) is otherwise derived from research using |
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human fetal tissue. |
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(2) "Human fetal tissue" means tissue, cells, or |
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organs obtained from an aborted unborn child. |
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(b) A person may not sell, dispense, or administer in this |
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state a fetal tissue medical product unless the product is clearly |
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and conspicuously labeled in accordance with department rules. |
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(c) The executive commissioner by rule shall prescribe the |
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form and contents of the label required by Subsection (b). |
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SECTION 3. Subchapter F, Chapter 431, Health and Safety |
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Code, is amended by adding Section 431.143 to read as follows: |
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Sec. 431.143. LABELING REQUIRED FOR FETAL TISSUE COSMETIC |
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PRODUCT. (a) In this section: |
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(1) "Fetal tissue cosmetic product" means a cosmetic |
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product that: |
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(A) contains human fetal tissue; |
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(B) is manufactured using human fetal tissue; or |
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(C) is otherwise derived from research using |
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human fetal tissue. |
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(2) "Human fetal tissue" means tissue, cells, or |
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organs obtained from an aborted unborn child. |
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(b) A person may not sell in this state a fetal tissue |
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cosmetic product unless the product is clearly and conspicuously |
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labeled in accordance with department rules. |
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(c) The executive commissioner by rule shall prescribe the |
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form and contents of the label required by Subsection (b). |
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SECTION 4. (a) Not later than December 1, 2023, the |
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executive commissioner of the Health and Human Services Commission |
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shall adopt the form and content of the labels required under |
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Sections 431.085, 431.118, and 431.143, Health and Safety Code, as |
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added by this Act. |
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(b) Sections 431.085, 431.118, and 431.143, Health and |
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Safety Code, as added by this Act, apply only to a fetal tissue |
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product sold, dispensed, or administered on or after January 1, |
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2024. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |