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  88R1360 KKR-D
 
  By: Hall S.B. No. 314
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to required labeling of certain products that contain or
  are derived from aborted human fetal tissue.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter D, Chapter 431, Health and Safety
  Code, is amended by adding Section 431.085 to read as follows:
         Sec. 431.085.  LABELING REQUIRED FOR FETAL TISSUE FOOD
  PRODUCT. (a) In this section:
               (1)  "Fetal tissue food product" means a food or food
  additive that:
                     (A)  contains human fetal tissue;
                     (B)  is manufactured using human fetal tissue; or
                     (C)  is otherwise derived from research using
  human fetal tissue.
               (2)  "Human fetal tissue" means tissue, cells, or
  organs obtained from an aborted unborn child.
         (b)  A person may not sell in this state a fetal tissue food
  product unless the product is clearly and conspicuously labeled in
  accordance with department rules.
         (c)  The executive commissioner by rule shall prescribe the
  form and contents of the label required by Subsection (b).
         SECTION 2.  Subchapter E, Chapter 431, Health and Safety
  Code, is amended by adding Section 431.118 to read as follows:
         Sec. 431.118.  LABELING REQUIRED FOR FETAL TISSUE MEDICAL
  PRODUCT. (a) In this section:
               (1)  "Fetal tissue medical product" means a medication,
  vaccine, or other medical product used in medical treatment that:
                     (A)  contains human fetal tissue;
                     (B)  is manufactured using human fetal tissue; or
                     (C)  is otherwise derived from research using
  human fetal tissue.
               (2)  "Human fetal tissue" means tissue, cells, or
  organs obtained from an aborted unborn child.
         (b)  A person may not sell, dispense, or administer in this
  state a fetal tissue medical product unless the product is clearly
  and conspicuously labeled in accordance with department rules.
         (c)  The executive commissioner by rule shall prescribe the
  form and contents of the label required by Subsection (b).
         SECTION 3.  Subchapter F, Chapter 431, Health and Safety
  Code, is amended by adding Section 431.143 to read as follows:
         Sec. 431.143.  LABELING REQUIRED FOR FETAL TISSUE COSMETIC
  PRODUCT. (a) In this section:
               (1)  "Fetal tissue cosmetic product" means a cosmetic
  product that:
                     (A)  contains human fetal tissue;
                     (B)  is manufactured using human fetal tissue; or
                     (C)  is otherwise derived from research using
  human fetal tissue.
               (2)  "Human fetal tissue" means tissue, cells, or
  organs obtained from an aborted unborn child.
         (b)  A person may not sell in this state a fetal tissue
  cosmetic product unless the product is clearly and conspicuously
  labeled in accordance with department rules.
         (c)  The executive commissioner by rule shall prescribe the
  form and contents of the label required by Subsection (b).
         SECTION 4.  (a) Not later than December 1, 2023, the
  executive commissioner of the Health and Human Services Commission
  shall adopt the form and content of the labels required under
  Sections 431.085, 431.118, and 431.143, Health and Safety Code, as
  added by this Act.
         (b)  Sections 431.085, 431.118, and 431.143, Health and
  Safety Code, as added by this Act, apply only to a fetal tissue
  product sold, dispensed, or administered on or after January 1,
  2024.
         SECTION 5.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2023.