Texas 2009 - 81st Regular

Texas Senate Bill SB208 Compare Versions

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

Old	New	Differences
1	1	81R2463 JSC-D
2	2	By: Shapleigh S.B. No. 208
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) "Fertilization" means the fusion of a female germ
16	16	cell containing a haploid nucleus with a male gamete or sperm cell.
17	17	(2) "Human cloning" means implanting or attempting to
18	18	implant into a uterus or the functional equivalent of a uterus a
19	19	human embryo created by a method other than fertilization.
20	20	(3) "Human embryo" means an organism of the species
21	21	homo sapiens from the single cell stage to eight weeks of
22	22	development.
23	23	(4) "Oocyte" means the female germ cell, the egg.
24	24	[Sections 176.002-176.050 reserved for expansion]
25	25	SUBCHAPTER B. HUMAN CLONING
26	26	Sec. 176.051. HUMAN CLONING PROHIBITED. A person may not
27	27	engage in or attempt to engage in human cloning.
28	28	Sec. 176.052. LICENSED VIOLATORS. A person licensed by a
29	29	state agency as a health care practitioner or health care facility
30	30	who violates Section 176.051 is subject to the same consequence,
31	31	other than a civil penalty, that the person would be subject to if
32	32	the person had violated the licensing law applicable to the person
33	33	or rules adopted under that law.
34	34	Sec. 176.053. CIVIL PENALTY. (a) A person who violates
35	35	Section 176.051 is liable to the state for a civil penalty of not
36	36	more than $10 million for each violation.
37	37	(b) The amount of the penalty shall be based on:
38	38	(1) the seriousness of the violation;
39	39	(2) the history of previous violations;
40	40	(3) the amount necessary to deter a future violation;
41	41	and
42	42	(4) any other matter that justice may require.
43	43	(c) The attorney general may sue to collect a civil penalty
44	44	under this section. In the suit the attorney general may recover
45	45	the reasonable expenses incurred in obtaining the penalty,
46	46	including investigation and court costs, reasonable attorney's
47	47	fees, witness fees, and other expenses.
48	48	Sec. 176.054. CRIMINAL OFFENSE. A person commits an
49	49	offense if the person intentionally engages in or attempts to
50	50	engage in human cloning. An offense under this section is a felony
51	51	of the first degree.
52	52	[Sections 176.055-176.100 reserved for expansion]
53	53	SUBCHAPTER C. RESEARCH USING CERTAIN HUMAN CELLS OR TISSUES
54	54	Sec. 176.101. PROTECTION OF RESEARCH. This chapter does
55	55	not restrict or prohibit:
56	56	(1) scientific research, including nuclear
57	57	transplantation, to develop regenerative or reparative medical
58	58	therapies or treatments; or
59	59	(2) any other research not specifically prohibited by
60	60	this chapter.
61	61	Sec. 176.102. RESEARCH OVERSIGHT. Research described by
62	62	Section 176.101(1) must be:
63	63	(1) conducted with full consideration for the ethical
64	64	and medical implications of the research; and
65	65	(2) reviewed, in each case, by an institutional review
66	66	board for compliance with applicable state and federal law and
67	67	after consideration of applicable ethical guidelines developed by
68	68	the National Institutes of Health and the guidelines developed
69	69	under Section 176.103.
70	70	Sec. 176.103. ADVISORY COMMITTEE ON RESEARCH TO DEVELOP
71	71	REGENERATIVE OR REPARATIVE MEDICAL THERAPIES OR TREATMENTS. (a)
72	72	The executive commissioner of the Health and Human Services
73	73	Commission shall establish an advisory committee to develop
74	74	guidelines for research described by Section 176.101(1).
75	75	(b) The advisory committee consists of members appointed by
76	76	the executive commissioner of the Health and Human Services
77	77	Commission as follows:
78	78	(1) seven scientists with experience in biomedical
79	79	research in the fields of cell differentiation, nuclear
80	80	reprogramming, tissue formation and regeneration, stem cell
81	81	biology, developmental biology, regenerative medicine, or related
82	82	fields;
83	83	(2) one representative from each health science center
84	84	in this state;
85	85	(3) one person who is a member of or leader in the
86	86	biotechnology industry;
87	87	(4) one medical ethicist;
88	88	(5) one person with a background in legal issues
89	89	related to research described by Section 176.101(1), in vitro
90	90	fertilization, or family law, as it applies to the donation of
91	91	embryos and oocytes; and
92	92	(6) one person who is a member or leader of a religious
93	93	organization.
94	94	(c) The advisory committee shall revise and update the
95	95	guidelines developed under this section as necessary.
96	96	(d) The advisory committee may work with existing
97	97	institutional review boards in developing guidelines.
98	98	(e) Section 2110.008, Government Code, does not apply to the
99	99	advisory committee.
100	100	Sec. 176.104. VOLUNTARY DONATION OF OOCYTES. A person may
101	101	not use an oocyte in nuclear transplantation research unless the
102	102	oocyte was donated voluntarily by and with the informed consent of
103	103	the woman donating the oocyte.
104	104	[Sections 176.105-176.150 reserved for expansion]
105	105	SUBCHAPTER D. DISPOSITION OF HUMAN EMBRYOS
106	106	Sec. 176.151. DONATION OF HUMAN EMBRYO. (a) A person may
107	107	donate an embryo created in the course of fertility treatment for
108	108	the purpose of assisted reproduction, as defined by Section
109	109	160.102, Family Code, to be used in scientific research or to be
110	110	used by an intended mother for the purpose of conceiving a child.
111	111	(b) If both a man and a woman contracted for the creation of
112	112	the embryo, both parties must consent to the donation.
113	113	(c) Consent to the donation under Subsection (c) terminates
114	114	any parent-child relationship with respect to the embryo.
115	115	Sec. 176.152. SALE OF HUMAN EMBRYO PROHIBITED; CRIMINAL
116	116	PENALTY. (a) A person may not purchase, sell, or otherwise
117	117	transfer for valuable consideration a human embryo.
118	118	(b) In this section, "valuable consideration" does not
119	119	include reasonable payments associated with the transportation,
120	120	processing, preservation, or storage of the human embryo.
121	121	(c) A person commits an offense if the person knowingly
122	122	violates Subsection (a). An offense under this subsection is a
123	123	felony of the first degree.
124	124	SECTION 2. (a) The executive commissioner of the Health and
125	125	Human Services Commission shall appoint members to the advisory
126	126	committee as required by Section 176.103, Health and Safety Code,
127	127	as added by this Act, not later than November 1, 2009.
128	128	(b) The advisory committee shall adopt research guidelines
129	129	as required by Section 176.103, Health and Safety Code, as added by
130	130	this Act, not later than June 1, 2010.
131	131	SECTION 3. This Act takes effect September 1, 2009.