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Texas Laws | Penal Code
PENAL CODE
TITLE 10. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS

(4) human fetal tissue or human tissue acquired during pregnancy or at delivery of a child, provided the tissue is acquired by an accredited public or private institution of higher education for use in research approved by an institutional review board or another appropriate board, committee, or body charged with oversight applicable to the research; or (6048)

(5) cell lines derived from human fetal tissue or human tissue existing on September 1, 2017, that are used by an accredited public or private institution of higher education in research approved by an institutional review board or another appropriate board, committee, or body charged with oversight applicable to the research. (6049)

(f) With the consent of the appropriate local county or district attorney, the attorney general has concurrent jurisdiction with that consenting local prosecutor to prosecute an offense under this section. (6050)

Added by Acts 2017, 85th Leg., R.S., Ch. 441 (S.B. 8), Sec. 17, eff. September 1, 2017. (6051)

Text of section as added by Acts 2017, 85th Leg., R.S., Ch. 697 (H.B. 810), Sec. 4 (6052)

For text of section as added by Acts 2017, 85th Leg., R.S., Ch. 441 (S.B. 8), Sec. 17, see other Sec. 48.03. (6053)

Sec. 48.03. PROHIBITION ON PURCHASE AND SALE OF ADULT STEM CELLS FOR CERTAIN INVESTIGATIONAL TREATMENTS. (6054)(Text)

(a) In this section: (6055)

(1) "Adult stem cell" means an undifferentiated cell that is: (6056)

(A) found in differentiated tissue; and (6057)

(B) able to renew itself and differentiate to yield all or nearly all of the specialized cell types of the tissue from which the cell originated. (6058)

(2) "Investigational stem cell treatment" means an adult stem cell treatment that: (6059)

(A) is under investigation in a clinical trial and being administered to human participants in that trial; and (6060)

(B) has not yet been approved for general use by the United States Food and Drug Administration. (6061)

(b) A person commits an offense if the person knowingly offers to buy, offers to sell, acquires, receives, sells, or otherwise transfers any adult stem cells for valuable consideration for use in an investigational stem cell treatment. (6062)

(c) It is an exception to the application of this section that the valuable consideration is: (6063)

(1) a fee paid to a physician or to other medical personnel for services rendered in the usual course of medical practice or a fee paid for hospital or other clinical services; (6064)

(2) reimbursement of legal or medical expenses incurred for the benefit of the ultimate receiver of the investigational stem cell treatment; or (6065)

(3) reimbursement of expenses of travel, housing, and lost wages incurred by the donor of adult stem cells in connection with the donation of the adult stem cells. (6066)

(d) It is an exception to the application of this section that the actor engaged in conduct authorized under Chapter 162, Health and Safety Code. (6067)

(e) A violation of this section is a Class A misdemeanor. (6068)

Added by Acts 2017, 85th Leg., R.S., Ch. 697 (H.B. 810), Sec. 4, eff. September 1, 2017. (6069)

CHAPTER 49. INTOXICATION AND ALCOHOLIC BEVERAGE OFFENSES (6070)(Text)

Sec. 49.01. DEFINITIONS. (6071)(Text)

In this chapter: (6072)

(1) "Alcohol concentration" means the number of grams of alcohol per: (6073)

(A) 210 liters of breath; (6074)

(B) 100 milliliters of blood; or (6075)

(C) 67 milliliters of urine. (6076)

(2) "Intoxicated" means: (6077)

(A) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or (6078)

(B) having an alcohol concentration of 0.08 or more. (6079)

(3) "Motor vehicle" has the meaning assigned by Section 32.34(a). (6080)

(4) "Watercraft" means a vessel, one or more water skis, an aquaplane, or another device used for transporting or carrying a person on water, other than a device propelled only by the current of water. (6081)

(5) "Amusement ride" has the meaning assigned by Section 2151.002, Occupations Code. (6082)

(6) "Mobile amusement ride" has the meaning assigned by Section 2151.002, Occupations Code. (6083)

Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1999, 76th Leg., ch. 234, Sec. 1, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1364, Sec. 8, eff. Jan. 1, 2000; Acts 2001, 77th Leg., ch. 1420, Sec. 14.707, eff. Sept. 1, 2001. (6084)

Sec. 49.02. PUBLIC INTOXICATION. (6085)(Text)

(a) A person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another. (6086)

(a-1) For the purposes of this section, a premises licensed or permitted under the Alcoholic Beverage Code is a public place. (6087)

(b) It is a defense to prosecution under this section that the alcohol or other substance was administered for therapeutic purposes and as a part of the person's professional medical treatment by a licensed physician. (6088)

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