88R1360 KKR-D     By: Hall S.B. No. 314       A BILL TO BE ENTITLED   AN ACT   relating to required labeling of certain products that contain or   are derived from aborted human fetal tissue.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter D, Chapter 431, Health and Safety   Code, is amended by adding Section 431.085 to read as follows:          Sec. 431.085.  LABELING REQUIRED FOR FETAL TISSUE FOOD   PRODUCT. (a) In this section:                (1)  "Fetal tissue food product" means a food or food   additive that:                      (A)  contains human fetal tissue;                      (B)  is manufactured using human fetal tissue; or                      (C)  is otherwise derived from research using   human fetal tissue.                (2)  "Human fetal tissue" means tissue, cells, or   organs obtained from an aborted unborn child.          (b)  A person may not sell in this state a fetal tissue food   product unless the product is clearly and conspicuously labeled in   accordance with department rules.          (c)  The executive commissioner by rule shall prescribe the   form and contents of the label required by Subsection (b).          SECTION 2.  Subchapter E, Chapter 431, Health and Safety   Code, is amended by adding Section 431.118 to read as follows:          Sec. 431.118.  LABELING REQUIRED FOR FETAL TISSUE MEDICAL   PRODUCT. (a) In this section:                (1)  "Fetal tissue medical product" means a medication,   vaccine, or other medical product used in medical treatment that:                      (A)  contains human fetal tissue;                      (B)  is manufactured using human fetal tissue; or                      (C)  is otherwise derived from research using   human fetal tissue.                (2)  "Human fetal tissue" means tissue, cells, or   organs obtained from an aborted unborn child.          (b)  A person may not sell, dispense, or administer in this   state a fetal tissue medical product unless the product is clearly   and conspicuously labeled in accordance with department rules.          (c)  The executive commissioner by rule shall prescribe the   form and contents of the label required by Subsection (b).          SECTION 3.  Subchapter F, Chapter 431, Health and Safety   Code, is amended by adding Section 431.143 to read as follows:          Sec. 431.143.  LABELING REQUIRED FOR FETAL TISSUE COSMETIC   PRODUCT. (a) In this section:                (1)  "Fetal tissue cosmetic product" means a cosmetic   product that:                      (A)  contains human fetal tissue;                      (B)  is manufactured using human fetal tissue; or                      (C)  is otherwise derived from research using   human fetal tissue.                (2)  "Human fetal tissue" means tissue, cells, or   organs obtained from an aborted unborn child.          (b)  A person may not sell in this state a fetal tissue   cosmetic product unless the product is clearly and conspicuously   labeled in accordance with department rules.          (c)  The executive commissioner by rule shall prescribe the   form and contents of the label required by Subsection (b).          SECTION 4.  (a) Not later than December 1, 2023, the   executive commissioner of the Health and Human Services Commission   shall adopt the form and content of the labels required under   Sections 431.085, 431.118, and 431.143, Health and Safety Code, as   added by this Act.          (b)  Sections 431.085, 431.118, and 431.143, Health and   Safety Code, as added by this Act, apply only to a fetal tissue   product sold, dispensed, or administered on or after January 1,   2024.          SECTION 5.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2023.