By Nelson                                              S.B. No. 102
         77R1006 SGA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the regulation of cloning of human beings; providing a
 1-3     civil penalty.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Chapter 161, Health and Safety Code, is amended by
 1-6     adding Subchapter Q to read as follows:
 1-7                        SUBCHAPTER Q.  HUMAN CLONING
 1-8           Sec. 161.401.  DEFINITION.  In this subchapter, "clone" means
 1-9     to replicate an organism by taking a cell with genetic material and
1-10     cultivating that cell through the stages of development into a new
1-11     organism.
1-12           Sec. 161.402.  HUMAN CLONING PROHIBITED.  (a)  A person may
1-13     not clone or attempt to clone a human being.
1-14           (b)  This subchapter does not restrict scientific research or
1-15     therapies using cloning technologies not expressly prohibited by
1-16     this subchapter.
1-17           Sec. 161.403.  LICENSED VIOLATORS.  A person licensed by a
1-18     state agency as a health care practitioner or health care facility
1-19     who violates Section 161.402 is subject to the same consequence,
1-20     other than a civil penalty, that the person would be subject to if
1-21     the person had violated the licensing law applicable to the person
1-22     or rules adopted under that law.
1-23           Sec. 161.404.  CIVIL PENALTY.  (a)  A person who violates
1-24     Section 161.402 is liable for a civil penalty of not more than
 2-1     $10,000 for each violation.
 2-2           (b)  The amount of the penalty shall be based on:
 2-3                 (1)  the seriousness of the violation;
 2-4                 (2)  the history of previous violations;
 2-5                 (3)  the amount necessary to deter a future violation;
 2-6     and
 2-7                 (4)  any other matter that justice may require.
 2-8           (c)  The commissioner or the attorney general may each
 2-9     recover reasonable expenses incurred in obtaining a civil penalty
2-10     under this section, including investigation and court costs,
2-11     reasonable attorney's fees, witness fees, and other expenses.  The
2-12     expenses recovered by the commissioner under this section shall be
2-13     used for the administration and enforcement of this subchapter.
2-14     The expenses recovered by the attorney general shall be used by the
2-15     attorney general.
2-16           Sec. 161.405.  EXPIRATION.  This subchapter expires September
2-17     1, 2005.
2-18           SECTION 2.  This Act takes effect September 1, 2001.
2-19           SECTION 3.  (a)  Subchapter Q, Chapter 161, Health and Safety
2-20     Code, applies only to the cloning or attempted cloning of a human
2-21     being that begins on or after September 1, 2001.
2-22           (b)  Notwithstanding the expiration of Subchapter Q, Chapter
2-23     161, Health and Safety Code, as added by this Act, as provided by
2-24     Section 161.405, Health and Safety Code, as added by this Act, the
2-25     cloning or attempted cloning of a human being that begins on or
2-26     after September 1, 2001, and before September 1, 2005, is governed
2-27     by the law in effect at the time the cloning or attempted cloning
 3-1     begins, and that law is continued in effect for that purpose.