| 1 | 1 | | 89R2547 KKR-D |
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| 2 | 2 | | By: Hall S.B. No. 122 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to required labeling of certain products containing or |
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| 10 | 10 | | derived from aborted human fetal tissue. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter D, Chapter 431, Health and Safety |
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| 13 | 13 | | Code, is amended by adding Section 431.085 to read as follows: |
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| 14 | 14 | | Sec. 431.085. LABELING REQUIRED FOR FETAL TISSUE FOOD |
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| 15 | 15 | | PRODUCT. (a) In this section: |
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| 16 | 16 | | (1) "Fetal tissue food product" means a food or food |
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| 17 | 17 | | additive that: |
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| 18 | 18 | | (A) contains human fetal tissue; |
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| 19 | 19 | | (B) is manufactured using human fetal tissue; or |
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| 20 | 20 | | (C) is otherwise derived from research using |
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| 21 | 21 | | human fetal tissue. |
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| 22 | 22 | | (2) "Human fetal tissue" means tissue, cells, |
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| 23 | 23 | | including cells from fetal cell lines, or organs obtained or |
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| 24 | 24 | | originally derived from an aborted unborn child. |
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| 25 | 25 | | (b) A person may not sell in this state a fetal tissue food |
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| 26 | 26 | | product unless the product is clearly and conspicuously labeled in |
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| 27 | 27 | | accordance with department rules. |
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| 28 | 28 | | (c) The executive commissioner by rule shall prescribe the |
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| 29 | 29 | | form and contents of the label required by Subsection (b). |
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| 30 | 30 | | SECTION 2. Subchapter E, Chapter 431, Health and Safety |
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| 31 | 31 | | Code, is amended by adding Section 431.118 to read as follows: |
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| 32 | 32 | | Sec. 431.118. LABELING REQUIRED FOR FETAL TISSUE MEDICAL |
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| 33 | 33 | | PRODUCT. (a) In this section: |
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| 34 | 34 | | (1) "Fetal tissue medical product" means a medication, |
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| 35 | 35 | | vaccine, or other medical product used in medical treatment that: |
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| 36 | 36 | | (A) contains human fetal tissue; |
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| 37 | 37 | | (B) is manufactured using human fetal tissue; or |
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| 38 | 38 | | (C) is otherwise derived from research using |
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| 39 | 39 | | human fetal tissue. |
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| 40 | 40 | | (2) "Human fetal tissue" means tissue, cells, |
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| 41 | 41 | | including cells from fetal cell lines, or organs obtained or |
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| 42 | 42 | | originally derived from an aborted unborn child. |
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| 43 | 43 | | (b) A person may not sell, dispense, or administer in this |
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| 44 | 44 | | state a fetal tissue medical product unless the product is clearly |
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| 45 | 45 | | and conspicuously labeled in accordance with department rules. |
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| 46 | 46 | | (c) The executive commissioner by rule shall prescribe the |
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| 47 | 47 | | form and contents of the label required by Subsection (b). |
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| 48 | 48 | | SECTION 3. Subchapter F, Chapter 431, Health and Safety |
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| 49 | 49 | | Code, is amended by adding Section 431.143 to read as follows: |
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| 50 | 50 | | Sec. 431.143. LABELING REQUIRED FOR FETAL TISSUE COSMETIC |
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| 51 | 51 | | PRODUCT. (a) In this section: |
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| 52 | 52 | | (1) "Fetal tissue cosmetic product" means a cosmetic |
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| 53 | 53 | | product that: |
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| 54 | 54 | | (A) contains human fetal tissue; |
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| 55 | 55 | | (B) is manufactured using human fetal tissue; or |
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| 56 | 56 | | (C) is otherwise derived from research using |
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| 57 | 57 | | human fetal tissue. |
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| 58 | 58 | | (2) "Human fetal tissue" means tissue, cells, |
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| 59 | 59 | | including cells from fetal cell lines, or organs obtained or |
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| 60 | 60 | | originally derived from an aborted unborn child. |
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| 61 | 61 | | (b) A person may not sell in this state a fetal tissue |
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| 62 | 62 | | cosmetic product unless the product is clearly and conspicuously |
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| 63 | 63 | | labeled in accordance with department rules. |
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| 64 | 64 | | (c) The executive commissioner by rule shall prescribe the |
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| 65 | 65 | | form and contents of the label required by Subsection (b). |
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| 66 | 66 | | SECTION 4. (a) Not later than December 1, 2025, the |
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| 67 | 67 | | executive commissioner of the Health and Human Services Commission |
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| 68 | 68 | | shall adopt the form and content of the labels required under |
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| 69 | 69 | | Sections 431.085, 431.118, and 431.143, Health and Safety Code, as |
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| 70 | 70 | | added by this Act. |
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| 71 | 71 | | (b) Sections 431.085, 431.118, and 431.143, Health and |
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| 72 | 72 | | Safety Code, as added by this Act, apply only to a fetal tissue |
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| 73 | 73 | | product sold, dispensed, or administered on or after January 1, |
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| 74 | 74 | | 2026. |
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| 75 | 75 | | SECTION 5. This Act takes effect immediately if it receives |
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| 76 | 76 | | a vote of two-thirds of all the members elected to each house, as |
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| 77 | 77 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 78 | 78 | | Act does not receive the vote necessary for immediate effect, this |
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| 79 | 79 | | Act takes effect September 1, 2025. |
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