The Bill (Annotated)

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S.B. No. 2025

A BILL TO BE ENTITLED

AN ACT relating to a moratorium on cloning and genetic modification in animals with long gestation periods; creating a criminal offense.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 821, Health and Safety Code, is amended by adding Subchapter F to read as follows:

SUBCHAPTER F. MORATORIUM ON CLONING AND GENETIC MODIFICATION IN ANIMALS WITH LONG GESTATION PERIODS

Sec. 821.201. DEFINITIONS. In this subchapter:

(1) “Breed” means the act of causing or facilitating reproduction between animals, including by:

(A) natural mating;

(B) artificial insemination; or

(C) any other method intended to produce a pregnancy in an animal. 

The definition for "breed" is meant to be very broad, encompassing both pregnancies induced by natural and artificial means.

(2) “Covered animal” means any non-human mammal with a typical, natural gestation period greater than 250 days, including but not limited to camels, cattle, elephants, giraffes, horses, whales, and zebras.

The 250-day benchmark was selected because it falls roughly 30 days short of the average human gestation period (approximately 280 days.) This threshold aligns the statute with the ethical and biological caution already observed in prohibitions on human cloning (and the use of these technologies.) Animals with comparably long pregnancies face similar risks of developmental abnormalities, high mortality rates, and maternal health complications when subjected to SCNT or gene-editing interventions. The list of animals is not meant to be exhaustive.

(3) “Gene-edited embryo” means any embryo whose DNA has been intentionally altered through targeted modification, including but not limited to CRISPR-Cas systems, transcription activator-like effector nucleases (TALENs), zinc-finger nucleases, and other modern technologies.

This definition ensures that all current and emerging gene-editing tools fall under the same restriction.

(4) “Person” means a human individual, corporation, partnership, association, institution, research facility, laboratory, government agency, public organization, private organization, or any other legal entity.

This definition casts a wide net in order to assure those responsible for violations can be held accountable.

(5) “Pregnancy” or “pregnant” means the condition of having a developing embryo or fetus implanted in and growing within the uterus of a living animal.

This definition clarifies that the moratorium applies to actual implanted pregnancies, not lab-created embryos kept in vitro.

(6) “Somatic cell nuclear transfer” (SCNT) means the process by which the nucleus of a somatic cell is transferred into an enucleated oocyte for the purpose of creating an embryo.

Sec. 821.202. PROHIBITIONS.

(a) A person knowingly, intentionally, or recklessly may not initiate, attempt to initiate, or allow to be carried to term a pregnancy in a covered animal if the pregnancy is created or altered using:

(1) an SCNT embryo; or

(2) a gene-edited embryo.

(b) A person knowingly, intentionally, or recklessly may not transport into this state any covered animal that is pregnant as a result of SCNT or gene editing. This subsection does not apply to the transportation of such an animal through the state in the ordinary course of lawful interstate transit, provided the animal is not unloaded in this state and is not intended to remain in this state.

This provision closes the loophole of importing already-pregnant animals produced through restricted methods but allows safe interstate passage.

(c) A person knowingly, intentionally, or recklessly may not genetically modify a covered animal, or the embryos of such an animal, for the primary purpose of reducing its natural gestation period to 250 days or fewer.

This provision closes a loophole by banning genetic alteration intended to evade the moratorium's gestation period. Artificially shortening a pregnancy has serious risks for both mother and child.

(d) A person knowingly, intentionally, or recklessly may not breed a covered animal that is born from a pregnancy prohibited by this subchapter.

This provision prevents perpetuating or normalizing lineages from animals created unlawfully.

Sec. 821.203. OFFENSE AND PENALTY.

(a) A person commits an offense if the person violates this subchapter or a rule adopted under this subchapter.

(b) Each prohibited act under Section 821.202 constitutes a separate offense.

This provision ensures that each prohibited act can be prosecuted individually.

(c) An offense under this section is a Class A misdemeanor.

This is a heightened penalty compared to other penalties within this chapter of the Texas Health & Safety Code given the risks associated with committing prohibited acts.

(d) The Texas Animal Health Commission may revoke or suspend any relevant state-issued research or animal care licenses for violations of this subchapter.

(e) The Texas Animal Health Commission has the authority to investigate violations of this subchapter, impose administrative sanctions including license suspension or revocation, and refer criminal violations to appropriate law enforcement authorities. The commission may adopt rules as necessary to implement and enforce this subchapter.

This penalty gives the Texas Animal Health Commission discretion in rulemaking so as to allow for flexibility in addressing loopholes or bad faith actors.

Sec. 821.204. EXCEPTIONS.

(a) Section 821.202 does not apply to:

(1) naturally occurring pregnancies;

(2) laboratory research involving SCNT or gene-edited embryos that are created and maintained in vitro and not implanted into a living animal;

(3) stem cell research unrelated to the implantation of SCNT or gene-edited embryos; or

(4) in vitro fertilization (IVF) or other assisted reproductive technologies that do not involve SCNT or gene editing.

This section is meant to protect legitimate research and normal reproductive activities that do not endanger animals or implant genetically modified embryos.

Sec. 821.205. VETERINARY EXCEPTIONS.

(a) A licensed veterinarian does not commit an offense under this subchapter if the veterinarian, in the course of providing care, knowingly or intentionally treats or manages a pregnancy in a covered animal that was initiated in violation of this subchapter, provided that:

(1) the veterinarian did not knowingly participate in or facilitate the initiation of the prohibited pregnancy; and

(2) the treatment is necessary to protect the health or life of the animal or to prevent undue suffering.

(b) This section does not authorize a veterinarian to implant or attempt to implant an SCNT or gene-edited embryo.

These exceptions allow for veterinarians to intervene in cases where the law has not been followed, for the wellbeing of the animal. Veterinarians are allowed to care for animals suffering from illegal pregnancies without fear of prosecution. Participation in the prohibited act remains illegal.

Sec. 821.206. EFFECT OF SUBCHAPTER ON OTHER LAW. This subchapter does not preempt a local regulation, ordinance, or requirement that:

(1) is compatible with and equal to or more stringent than a requirement prescribed by this subchapter; or

(2) relates to an issue not specifically addressed by this subchapter.

Sec. 821.207. MORATORIUM.

(a) This subchapter expires September 1, 2031.

(b) Not later than September 1, 2030, the Texas Animal Health Commission must submit a report to the legislature evaluating the impact of this subchapter and recommending whether the moratorium should be extended, modified, or allowed to expire.

The purpose of the moratorium is to allow for more research to take place using animals that have less risks associated with their pregnancies. This is not meant to be a permanent ban, only a pause so that the science can catch up with certain ambitions. It ensures that scientists have to take the proper steps before going after the largest spectacle.

SECTION 2. The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.

SECTION 3. This Act takes effect on the 91st day after the last day of the legislative session.