Bill Text: TX HB154 | 2011-2012 | 82nd Legislature | Introduced

Texas House Bill 154 (Prior Session Legislation)

Introduced

Bill Title: Relating to a prohibition against human cloning and regulating other uses of human tissue by institutions of higher education; providing penalties.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2011-02-11 - Referred to State Affairs [HB154 Detail]

Download: Texas-2011-HB154-Introduced.html

	82R1242 SJM-F

	By: Raymond	H.B. No. 154



	A BILL TO BE ENTITLED
	AN ACT
	relating to a prohibition against human cloning and regulating
	other uses of human tissue by institutions of higher education;
	providing penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Chapter 51, Education Code, is amended by adding
	Subchapter I to read as follows:
	SUBCHAPTER I. PROHIBITION AGAINST HUMAN CLONING AND REGULATION OF
	OTHER USES OF HUMAN TISSUE
	Sec. 51.451. DEFINITIONS. In this chapter:
	(1) "Human cloning" means implanting or attempting to
	implant the product of nuclear transplantation into a uterus or the
	functional equivalent of a uterus.
	(2) "Human somatic cell" means any human cell other
	than a haploid germ cell.
	(3) "Institution of higher education" means an
	institution of higher education as defined by Section 61.003 or a
	private college or university that receives state funds, and
	includes any person affiliated with the institution who is using
	the facilities or property of the institution.
	(4) "Nuclear transplantation" means transferring the
	nucleus of a human somatic cell into an oocyte from which the
	nucleus or all chromosomes have been or will be removed or rendered
	inert.
	(5) "Nucleus" means the cell structure that houses the
	chromosomes.
	(6) "Oocyte" means the female germ cell, the egg.
	(7) "Regenerative or reparative medical therapy or
	treatment" means a therapy or treatment in which stem cells are
	induced to differentiate into the specific cell type required to
	repair damaged or depleted adult cell populations or tissues.
	(8) "Unfertilized blastocyst" means an intact
	cellular structure that is the product of nuclear transplantation.
	The term does not include stem cells, other cells, cellular
	structures, or biological products derived from an intact cellular
	structure that is the product of nuclear transplantation.
	Sec. 51.452. HUMAN CLONING PROHIBITED. (a) An institution
	of higher education may not engage in or attempt to engage in human
	cloning.
	(b) An institution of higher education may not maintain an
	unfertilized blastocyst for more than 14 days after the date of its
	first cell division, not including any time during which the
	blastocyst is stored at a temperature that is less than zero degrees
	centigrade.
	Sec. 51.453. PROTECTION OF RESEARCH. This chapter does not
	restrict or prohibit:
	(1) scientific research, including nuclear
	transplantation, to develop regenerative or reparative medical
	therapies or treatments; or
	(2) any other research not specifically prohibited by
	this chapter.
	Sec. 51.454. RESEARCH OVERSIGHT. Research described by
	Section 51.453(1) must be:
	(1) conducted with full consideration for the ethical
	and medical implications of the research; and
	(2) reviewed, in each case, by an institutional review
	board for compliance with applicable state and federal law.
	Sec. 51.455. VOLUNTARY DONATION OF OOCYTES. An institution
	of higher education may not use an oocyte in nuclear
	transplantation research unless the oocyte was donated voluntarily
	by and with the informed consent of the woman donating the oocyte.
	Sec. 51.456. PURCHASE OR SALE OF OOCYTE OR BLASTOCYST. (a)
	An institution of higher education may not purchase, sell, or
	otherwise transfer for valuable consideration a human oocyte or
	unfertilized blastocyst.
	(b) In this section, "valuable consideration" does not
	include reasonable payments:
	(1) associated with the transportation, processing,
	preservation, or storage of a human oocyte; or
	(2) to compensate a donor for expenses directly
	associated with the donation.
	Sec. 51.457. LOSS OF STATE FUNDING. An institution of
	higher education that violates this subchapter is ineligible to
	receive state funds.
	Sec. 51.458. CIVIL PENALTY. (a) A person who violates this
	subchapter is liable to the state for a civil penalty of not more
	than $10 million for each violation.
	(b) The amount of the penalty shall be based on:
	(1) the seriousness of the violation;
	(2) the history of previous violations;
	(3) the amount necessary to deter a future violation;
	and
	(4) any other matter that justice may require.
	(c) The attorney general may sue to collect a civil penalty
	under this section. In the suit the attorney general may recover the
	reasonable expenses incurred in obtaining the penalty, including
	investigation and court costs, reasonable attorney's fees, witness
	fees, and other expenses.
	SECTION 2. This Act takes effect September 1, 2011.