Bill Prohibiting Human Cloning Introduced in Texas

Genetic Crossroads Issue 14 18jan01

SB 102 Effective 1sep01

Republican State Senator Jane Nelson has filed a bill that would prohibit human cloning in the state of Texas. SB 102 states that "a person may not clone or attempt to clone a human being." Penalties for violation are fines up to $10,000 and, where applicable, license suspension.

The bill does not explicitly address embryo cloning, but "does not restrict scientific research or therapies using cloning technologies not expressly prohibited by this subchapter." If approved during the upcoming session, the bill would take effect September 1, 2001 and expire in September 2005. The full text can be viewed at http://www.capitol.state.tx.us/tlo/77r/billtext/SB00102I.HTM  .(or below)

Nelson chairs the Texas Senate Health Committee, which released a report in August 2000 recommending that all human cloning be prohibited for a limited time in order to allow for the evaluation of the medical, ethical, and social implications raised by the possibility of human cloning. The report also discusses gene therapy, GMOs and xenotransplantation and provides an overview of genetics-related legislation in other states. The full report can be viewed at: http://www.senate.state.tx.us/75r/senate/commit/c620/c620.htm. (not working as of 22jan01)

In her statement accompanying the introduction of the bill, Nelson said, "The policy questions surrounding the human cloning issue cut to the very core of our existence as human beings. Personally, I believe our lives are gifts from God, and that trying to copy a human being is unethical." According to Nelson's staff, reactions to the bill have been positive. -- Program Director Exploratory Initiative on the New Human Genetic Technologies 466 Green Street San Francisco, CA 94133 Phone: 415-434-1403 Fax: 415-986-6779

         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.