Texas 2009 - 81st Regular

Texas House Bill HB1764 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R4236 JSC-D
2	2	By: Woolley H.B. No. 1764
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of the use of human cells and tissue,
8	8	including a ban on human cloning; providing penalties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle H, Title 2, Health and Safety Code, is
11	11	amended by adding Chapter 176 to read as follows:
12	12	CHAPTER 176. BIOMEDICAL RESEARCH OVERSIGHT
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 176.001. DEFINITIONS. In this chapter:
15	15	(1) "Embryo" means an organism from the single cell
16	16	stage to eight weeks of development.
17	17	(2) "Fertilization" means the fusion of a female germ
18	18	cell containing a haploid nucleus with a male gamete or sperm cell.
19	19	(3) "Human cloning" means implanting or attempting to
20	20	implant into a uterus or the functional equivalent of a uterus a
21	21	human embryo created by a method other than fertilization.
22	22	(4) "Oocyte" means the female germ cell, the egg.
23	23	[Sections 176.002-176.050 reserved for expansion]
24	24	SUBCHAPTER B. HUMAN CLONING
25	25	Sec. 176.051. HUMAN CLONING PROHIBITED. A person may not
26	26	engage in or attempt to engage in human cloning.
27	27	Sec. 176.052. LICENSED VIOLATORS. A person licensed by a
28	28	state agency as a health care practitioner or health care facility
29	29	who violates Section 176.051 is subject to the same consequence,
30	30	other than a civil penalty, that the person would be subject to if
31	31	the person had violated the licensing law applicable to the person
32	32	or rules adopted under that law.
33	33	Sec. 176.053. CIVIL PENALTY. (a) A person who violates
34	34	Section 176.051 is liable to the state for a civil penalty of not
35	35	more than $10 million for each violation.
36	36	(b) The amount of the penalty shall be based on:
37	37	(1) the seriousness of the violation;
38	38	(2) the history of previous violations;
39	39	(3) the amount necessary to deter a future violation;
40	40	and
41	41	(4) any other matter that justice may require.
42	42	(c) The attorney general may sue to collect a civil penalty
43	43	under this section. In the suit the attorney general may recover
44	44	the reasonable expenses incurred in obtaining the penalty,
45	45	including investigation and court costs, reasonable attorney's
46	46	fees, witness fees, and other expenses.
47	47	Sec. 176.054. CRIMINAL OFFENSE. A person commits an
48	48	offense if the person intentionally engages in or attempts to
49	49	engage in human cloning. An offense under this section is a felony
50	50	of the first degree.
51	51	[Sections 176.055-176.100 reserved for expansion]
52	52	SUBCHAPTER C. RESEARCH USING CERTAIN HUMAN CELLS OR TISSUES
53	53	Sec. 176.101. PROTECTION OF RESEARCH. This chapter does
54	54	not restrict or prohibit:
55	55	(1) scientific research, including nuclear
56	56	transplantation, to develop regenerative or reparative medical
57	57	therapies or treatments; or
58	58	(2) any other research not specifically prohibited by
59	59	this chapter.
60	60	Sec. 176.102. RESEARCH OVERSIGHT. Research described by
61	61	Section 176.101(1) must be:
62	62	(1) conducted with full consideration for the ethical
63	63	and medical implications of the research; and
64	64	(2) reviewed, in each case, by an institutional review
65	65	board for compliance with applicable state and federal law and
66	66	after consideration of the guidelines developed under Section
67	67	176.103.
68	68	Sec. 176.103. ADVISORY COMMITTEE ON RESEARCH TO DEVELOP
69	69	REGENERATIVE OR REPARATIVE MEDICAL THERAPIES OR TREATMENTS. (a)
70	70	The executive commissioner of the Health and Human Services
71	71	Commission shall establish an advisory committee to develop
72	72	guidelines for research described by Section 176.101(1).
73	73	(b) The advisory committee consists of members appointed by
74	74	the executive commissioner of the Health and Human Services
75	75	Commission as follows:
76	76	(1) seven scientists with experience in biomedical
77	77	research in the fields of cell differentiation, nuclear
78	78	reprogramming, tissue formation and regeneration, stem cell
79	79	biology, developmental biology, regenerative medicine, or related
80	80	fields;
81	81	(2) one representative from each health science center
82	82	in this state;
83	83	(3) one person who is a member of or leader in the
84	84	biotechnology industry;
85	85	(4) one medical ethicist;
86	86	(5) one person with a background in legal issues
87	87	related to research described by Section 176.101(1), in vitro
88	88	fertilization, or family law, as it applies to the donation of
89	89	embryos and oocytes; and
90	90	(6) one person who is a member or leader of a religious
91	91	organization.
92	92	(c) The advisory committee shall revise and update the
93	93	guidelines developed under this section as necessary.
94	94	(d) The advisory committee may work with existing
95	95	institutional review boards in developing guidelines.
96	96	(e) Section 2110.008, Government Code, does not apply to the
97	97	advisory committee.
98	98	Sec. 176.104. VOLUNTARY DONATION OF OOCYTES. A person may
99	99	not use an oocyte in nuclear transplantation research unless the
100	100	oocyte was donated voluntarily by and with the informed consent of
101	101	the woman donating the oocyte.
102	102	[Sections 176.105-176.150 reserved for expansion]
103	103	SUBCHAPTER D. PROHIBITED PURCHASE OR SALE; CRIMINAL PENALTY
104	104	Sec. 176.151. PURCHASE OR SALE OF OOCYTE. (a) A person may
105	105	not purchase, sell, or otherwise transfer for valuable
106	106	consideration a human oocyte.
107	107	(b) In this section, "valuable consideration" does not
108	108	include reasonable payments:
109	109	(1) associated with the transportation, processing,
110	110	preservation, or storage of a human oocyte; or
111	111	(2) to compensate a donor for expenses directly
112	112	associated with the donation.
113	113	(c) A person commits an offense if the person knowingly
114	114	violates Subsection (a). An offense under this subsection is a
115	115	felony of the first degree.
116	116	SECTION 2. (a) The executive commissioner of the Health and
117	117	Human Services Commission shall appoint members to the advisory
118	118	committee as required by Section 176.103, Health and Safety Code,
119	119	as added by this Act, not later than November 1, 2009.
120	120	(b) The advisory committee shall adopt research guidelines
121	121	as required by Section 176.103, Health and Safety Code, as added by
122	122	this Act, not later than June 1, 2010.
123	123	SECTION 3. This Act takes effect September 1, 2009.