Texas 2009 - 81st Regular

Texas Senate Bill SB1802 Compare Versions

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

Old	New	Differences
1	1	81R265 JTS-D
2	2	By: Zaffirini S.B. No. 1802
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to prohibiting human cloning and other uses of human
8	8	tissue by institutions of higher education; providing penalties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 51, Education Code, is amended by adding
11	11	Subchapter I to read as follows:
12	12	SUBCHAPTER I. PROHIBITION AGAINST HUMAN CLONING AND OTHER USES OF
13	13	HUMAN TISSUE
14	14	Sec. 51.451. DEFINITIONS. In this chapter:
15	15	(1) "Human cloning" means implanting or attempting to
16	16	implant the product of nuclear transplantation into a uterus or the
17	17	functional equivalent of a uterus.
18	18	(2) "Human somatic cell" means any human cell other
19	19	than a haploid germ cell.
20	20	(3) "Institution of higher education" means a public
21	21	institution of higher education as defined by Section 61.003 or a
22	22	private college or university that receives state funds, and
23	23	includes any person affiliated with the institution who is using
24	24	the facilities or property of the institution.
25	25	(4) "Nuclear transplantation" means transferring the
26	26	nucleus of a human somatic cell into an oocyte from which the
27	27	nucleus or all chromosomes have been or will be removed or rendered
28	28	inert.
29	29	(5) "Nucleus" means the cell structure that houses the
30	30	chromosomes.
31	31	(6) "Oocyte" means the female germ cell, the egg.
32	32	(7) "Regenerative or reparative medical therapy or
33	33	treatment" means a therapy or treatment in which stem cells are
34	34	induced to differentiate into the specific cell type required to
35	35	repair damaged or depleted adult cell populations or tissues.
36	36	(8) "Unfertilized blastocyst" means an intact
37	37	cellular structure that is the product of nuclear transplantation.
38	38	The term does not include stem cells, other cells, cellular
39	39	structures, or biological products derived from an intact cellular
40	40	structure that is the product of nuclear transplantation.
41	41	Sec. 51.452. HUMAN CLONING PROHIBITED. (a) An institution
42	42	of higher education may not engage in or attempt to engage in human
43	43	cloning.
44	44	(b) An institution of higher education may not maintain an
45	45	unfertilized blastocyst for more than 14 days after the date of its
46	46	first cell division, not including any time during which the
47	47	blastocyst is stored at a temperature that is less than zero degrees
48	48	centigrade.
49	49	Sec. 51.453. PROTECTION OF RESEARCH. This chapter does not
50	50	restrict or prohibit:
51	51	(1) scientific research, including nuclear
52	52	transplantation, to develop regenerative or reparative medical
53	53	therapies or treatments; or
54	54	(2) any other research not specifically prohibited by
55	55	this chapter.
56	56	Sec. 51.454. RESEARCH OVERSIGHT. Research described by
57	57	Section 51.453(1) must be:
58	58	(1) conducted with full consideration for the ethical
59	59	and medical implications of the research; and
60	60	(2) reviewed, in each case, by an institutional review
61	61	board for compliance with applicable state and federal law.
62	62	Sec. 51.455. VOLUNTARY DONATION OF OOCYTES. An institution
63	63	of higher education may not use an oocyte in nuclear
64	64	transplantation research unless the oocyte was donated voluntarily
65	65	by and with the informed consent of the woman donating the oocyte.
66	66	Sec. 51.456. PURCHASE OR SALE OF OOCYTE OR BLASTOCYST. (a)
67	67	An institution of higher education may not purchase, sell, or
68	68	otherwise transfer for valuable consideration a human oocyte or
69	69	unfertilized blastocyst.
70	70	(b) In this section, "valuable consideration" does not
71	71	include reasonable payments:
72	72	(1) associated with the transportation, processing,
73	73	preservation, or storage of a human oocyte; or
74	74	(2) to compensate a donor for expenses directly
75	75	associated with the donation.
76	76	Sec. 51.457. LOSS OF STATE FUNDING. An institution of
77	77	higher education that violates this subchapter is ineligible to
78	78	receive state funds.
79	79	Sec. 51.458. CIVIL PENALTY. (a) A person who violates this
80	80	subchapter is liable to the state for a civil penalty of not more
81	81	than $10 million for each violation.
82	82	(b) The amount of the penalty shall be based on:
83	83	(1) the seriousness of the violation;
84	84	(2) the history of previous violations;
85	85	(3) the amount necessary to deter a future violation;
86	86	and
87	87	(4) any other matter that justice may require.
88	88	(c) The attorney general may sue to collect a civil penalty
89	89	under this section. In the suit the attorney general may recover the
90	90	reasonable expenses incurred in obtaining the penalty, including
91	91	investigation and court costs, reasonable attorney's fees, witness
92	92	fees, and other expenses.
93	93	SECTION 2. This Act takes effect September 1, 2009.