State of Texas Bill to Regulate Cloning of Human Beings 

77(R) SB 102 Introduced version 

Introduced by Senator Jane Nelson: District 9 13nov00

[Bill Analysis]

Capitol Address

District Address

The Honorable Jane Nelson
P.O. Box 12068
Capitol Station
Austin, Texas 78711
(512) 463-0109
fax: (512) 463-0923

900 Parker Square, Suite 200
Flower Mound, Texas 75028
(972) 724-0066
fax: (972) 724-0750

         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.

SRC-JBJ S.B. 102 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 102
77R1006  SGA-DBy: Nelson
Jurisprudence
2/8/2001
As Filed


DIGEST AND PURPOSE 

In recent years, scientists have discovered ways to clone organisms and
animals.  Due to these developments in science, the possibility of cloning
human beings has become a reality.  Currently it is illegal for federal
funds to be used to clone human beings, and a voluntary moratorium on human
cloning is being observed by industry and researchers, yet there are no
provisions in Texas statutes that address cloning. As proposed, S.B. 102
prohibits the cloning of a human being and provides that this prohibition
expires September 1, 2005. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 161, Health and Safety Code, by adding Subchapter
Q, as follows: 

SUBCHAPTER Q. HUMAN CLONING

 Sec. 161.401. DEFINITIONS.  Defines "clone."

Sec. 161.402.  HUMAN CLONING PROHIBITED. (a) Prohibits a person from
cloning or attempting to clone a human being. 

(b) Provides that this subchapter does not restrict scientific research or
therapies using cloning technologies not expressly prohibited by this
subchapter. 

Sec. 161.403.  LICENSED VIOLATORS. Provides that a person licensed by a
state agency as a health care practitioner or health care facility who
violates Section 161.402 is subject to the same consequence, other than a
civil penalty, that the person would be subject to if the person had
violated the licensing law applicable to the person or rules adopted under
that law. 

Sec. 161.404. CIVIL PENALTY. (a) Provides that a person who violates
Section 161.402 is liable for a civil penalty of not more than $10,000 for
each violation. 

  (b)  Requires the amount of the penalty to be based on:

     _the seriousness of the violation;

     _the history of previous violations;

     _the amount necessary to deter a future violation; and

     _any other matter that justice may require.

 (c) Authorizes the commissioner of public health (commissioner) or the
attorney general to each recover reasonable expenses incurred in obtaining
a civil penalty under this section, including investigation and court
costs, reasonable attorney's fees, witness fees, and other expenses.
Requires the expenses recovered by the commissioner under this section to
be used for the administration and enforcement of this subchapter.
Requires the expenses recovered by the attorney general to be used by the
attorney general. 

 Sec. 161.405. EXPIRATION. Provides that this subchapter expires September
1, 2005. 

SECTION 2. Effective date: September 1, 2001.

SECTION 3. (a) Makes application of Chapter 161Q, Health and Safety Code,
as added by this Act, prospective. 

(b) Makes this Act prospective to September 1, 2001, expiring September 1,
2005. 

 

DESCRIPTION		COMMENT	DATE	JOURNAL PAGE
S	Received by the Secretary of the Senate		11/13/2000	0
S	Filed		11/13/2000	0
S	Read first time		01/11/2001	34
S	Referred to Jurisprudence		01/11/2001	34

Senator Nelson: http://www.senate.state.tx.us/75r/senate/members/dist9/dist9.htm