82R1242 SJM-F
By: Raymond H.B. No. 154
A BILL TO BE ENTITLED
AN ACT
relating to a prohibition against human cloning and regulating
other uses of human tissue by institutions of higher education;
providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 51, Education Code, is amended by adding
Subchapter I to read as follows:
SUBCHAPTER I. PROHIBITION AGAINST HUMAN CLONING AND REGULATION OF
OTHER USES OF HUMAN TISSUE
Sec. 51.451. DEFINITIONS. In this chapter:
(1) "Human cloning" means implanting or attempting to
implant the product of nuclear transplantation into a uterus or the
functional equivalent of a uterus.
(2) "Human somatic cell" means any human cell other
than a haploid germ cell.
(3) "Institution of higher education" means an
institution of higher education as defined by Section 61.003 or a
private college or university that receives state funds, and
includes any person affiliated with the institution who is using
the facilities or property of the institution.
(4) "Nuclear transplantation" means transferring the
nucleus of a human somatic cell into an oocyte from which the
nucleus or all chromosomes have been or will be removed or rendered
inert.
(5) "Nucleus" means the cell structure that houses the
chromosomes.
(6) "Oocyte" means the female germ cell, the egg.
(7) "Regenerative or reparative medical therapy or
treatment" means a therapy or treatment in which stem cells are
induced to differentiate into the specific cell type required to
repair damaged or depleted adult cell populations or tissues.
(8) "Unfertilized blastocyst" means an intact
cellular structure that is the product of nuclear transplantation.
The term does not include stem cells, other cells, cellular
structures, or biological products derived from an intact cellular
structure that is the product of nuclear transplantation.
Sec. 51.452. HUMAN CLONING PROHIBITED. (a) An institution
of higher education may not engage in or attempt to engage in human
cloning.
(b) An institution of higher education may not maintain an
unfertilized blastocyst for more than 14 days after the date of its
first cell division, not including any time during which the
blastocyst is stored at a temperature that is less than zero degrees
centigrade.
Sec. 51.453. PROTECTION OF RESEARCH. This chapter does not
restrict or prohibit:
(1) scientific research, including nuclear
transplantation, to develop regenerative or reparative medical
therapies or treatments; or
(2) any other research not specifically prohibited by
this chapter.
Sec. 51.454. RESEARCH OVERSIGHT. Research described by
Section 51.453(1) must be:
(1) conducted with full consideration for the ethical
and medical implications of the research; and
(2) reviewed, in each case, by an institutional review
board for compliance with applicable state and federal law.
Sec. 51.455. VOLUNTARY DONATION OF OOCYTES. An institution
of higher education may not use an oocyte in nuclear
transplantation research unless the oocyte was donated voluntarily
by and with the informed consent of the woman donating the oocyte.
Sec. 51.456. PURCHASE OR SALE OF OOCYTE OR BLASTOCYST. (a)
An institution of higher education may not purchase, sell, or
otherwise transfer for valuable consideration a human oocyte or
unfertilized blastocyst.
(b) In this section, "valuable consideration" does not
include reasonable payments:
(1) associated with the transportation, processing,
preservation, or storage of a human oocyte; or
(2) to compensate a donor for expenses directly
associated with the donation.
Sec. 51.457. LOSS OF STATE FUNDING. An institution of
higher education that violates this subchapter is ineligible to
receive state funds.
Sec. 51.458. CIVIL PENALTY. (a) A person who violates this
subchapter is liable to the state for a civil penalty of not more
than $10 million for each violation.
(b) The amount of the penalty shall be based on:
(1) the seriousness of the violation;
(2) the history of previous violations;
(3) the amount necessary to deter a future violation;
and
(4) any other matter that justice may require.
(c) The attorney general may sue to collect a civil penalty
under this section. In the suit the attorney general may recover the
reasonable expenses incurred in obtaining the penalty, including
investigation and court costs, reasonable attorney's fees, witness
fees, and other expenses.
SECTION 2. This Act takes effect September 1, 2011.