An Act Relating to the Regulation of Cloning of Human Beings, Providing Penalties 

Texas SB 102 20apr01

The Texas Senate this week voted unanimously to ban human cloning in Texas in approving Senate Bill 102, authored by Senator Nelson. The bill gives Texas the nation's toughest anti-cloning law, making it a criminal offense and subject to civil penalties of up to $10 million.

"The medical problems, enormous weight gain and deformities that occur in the vast majority of cloned animal experiments are so severe that it would be unthinkable to subject human children, cloned or not, to such probabilities. We need strong penalties to reflect the gravity of this issue," Senator Nelson said. "While it is important for us to support the miraculous advances in medicine today, the miracle of making a child should be left to the real experts: moms and dads."

By: Nelson, West S.B. No. 102
A BILL TO BE ENTITLED
1-1  AN ACT
1-2  relating to the regulation of cloning of human beings; providing
1-3  penalties.
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
1-6  by adding Subchapter Q to read as follows:
1-7   SUBCHAPTER Q. HUMAN CLONING
1-8   Sec. 161.401. DEFINITIONS. In this subchapter:
1-9   (1) "Human cloning" means the use of human somatic
1-10 cell nuclear transfer technology to produce a human embryo.
1-11 (2) "Human embryo" means a human egg cell with a full
1-12 genetic composition capable of differentiating and maturing into a
1-13 fully developed human being.
1-14 (3) "Human somatic cell" means a cell of a developing
1-15 or fully developed human being that is not and will not become a
1-16 sperm or egg cell.
1-17 (4) "Human somatic cell nuclear transfer" means the
1-18 transfer of the nucleus of a human somatic cell into an egg cell
1-19 from which the nucleus has been removed or rendered inert.
1-20 Sec. 161.402. HUMAN CLONING PROHIBITED. (a) A person may
1-21 not engage in or attempt to engage in human cloning.
1-22 (b) This subchapter does not restrict scientific research or
1-23 therapies using cloning technologies not expressly prohibited by
1-24 this subchapter.
1-25 Sec. 161.403. LICENSED VIOLATORS. A person licensed by a
2-1 state agency as a health care practitioner or health care facility
2-2 who violates Section 161.402 is subject to the same consequence,
2-3 other than a civil penalty, that the person would be subject to if
2-4 the person had violated the licensing law applicable to the person
2-5 or rules adopted under that law.
2-6 Sec. 161.404. CIVIL PENALTY. (a) A person who violates
2-7 Section 161.402 is liable for a civil penalty of not less than $5
2-8 million or more than $10 million for each violation.
2-9 (b) The amount of the penalty shall be based on:
2-10 (1) the seriousness of the violation;
2-11 (2) the history of previous violations;
2-12 (3) the amount necessary to deter a future violation;
2-13 and
2-14 (4) any other matter that justice may require.
2-15 (c) The commissioner or the attorney general may each
2-16 recover reasonable expenses incurred in obtaining a civil penalty
2-17 under this section, including investigation and court costs,
2-18 reasonable attorney's fees, witness fees, and other expenses. The
2-19 expenses recovered by the commissioner under this section shall be
2-20 used for the administration and enforcement of this subchapter.
2-21 The expenses recovered by the attorney general shall be used by the
2-22 attorney general.
2-23 Sec. 161.405. CRIMINAL OFFENSE. (a) A person commits an
2-24 offense if the person intentionally engages in human cloning.
2-25 (b) An offense under this section is a felony of the first
2-26 degree.
3-1 SECTION 2. This Act takes effect September 1, 2001

Senate Committee Report Analysis

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


Senate Research CenterC.S.S.B. 102
77R12306 JAT-FBy: Nelson
Jurisprudence
4/10/2001
Committee Report (Substituted)

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.  C.S.S.B. 102 prohibits the cloning of a human being and provides that doing so constitutes a felony of the first degree.  

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 "human cloning," "human embryo," "human somatic cell," and "human somatic cell nuclear transfer." 

Sec. 161.402.  HUMAN CLONING PROHIBITED. (a) Prohibits a person from engaging in or attempting to engage in human cloning. 

(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 million 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. CRIMINAL OFFENSE.  Provides that a person commits an offense if the person intentionally engages in human cloning.  Makes an offense under this section a felony of the first degree. 

SECTION 2. Effective date: September 1, 2001.


SUMMARY OF COMMITTEE CHANGES

Differs from the original as follows:

_Modifies the caption.

_Adds the definitions proposed in the substitute and removes the definition of "clone" proposed in the original. 

_Modifies the verb "to clone a human" to "to engage in human cloning."

_Makes the civil penalty for each violation of the prohibition $10 million,
rather than $10,000. 

_Provides criminal penalties.

_Removes the expiration date and the prospective clauses.

LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 77th Regular Session April 11, 2001 TO: Honorable Royce West, Chair, Senate Committee on Jurisprudence FROM: John Keel, Director, Legislative Budget Board IN RE: SB102 by Nelson (Relating to the regulation of cloning of human beings; providing penalties.), Committee Report 1st House, Substituted

* No significant fiscal implication to the State is anticipated. * 

Local Government Impact No fiscal implication to units of local government is anticipated. Source Agencies: 501 Texas Department of Health LBB Staff: JK, TB, RM

Witness List

SB 102
SENATE COMMITTEE REPORT 
Jurisprudence Committee
March 26, 2001 - 1:30P or upon adjournment 

FOR: Bazer, Fuller Warren Professor of Animal Science (Teaxas A&M University), College Station, TX 
AGAINST: Kral, Joe Legislative Director (Texas Right to Life), Houston, TX 
ON: Aslakson, Jill Policy Director (Texas Healthcare and Bioscience Institute), Austin, TX McConnell, M.D., John D. Executive V.P. for Administration (U.T Southwestern, Dallas), Dallas, TX 

Registering, but not testifying: For: Young, Jenny Policy Analyst (Texas Medical Association)

source: http://tlo2.tlc.state.tx.us/cgi-bin/db2www/tlo/billhist/Smatrix.d2w/report?LEG=77&SESS=R&CHAMBER=S&BILLTYPE=B&BILLSUFFIX=00102 
             http://www.capitol.state.tx.us/