Tex. Penal Code § 48.04 · Chapter 48. CONDUCT AFFECTING PUBLIC HEALTH
PROHIBITION ON PURCHASE AND SALE OF ADULT STEM CELLS FOR CERTAIN INVESTIGATIONAL TREATMENTS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) In this section:
(1) "Adult stem cell" means an undifferentiated cell that is:
(A) found in differentiated tissue; and
(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.
(2) "Investigational stem cell treatment" means an adult stem cell treatment that:
(A) is under investigation in a clinical trial and being administered to human participants in that trial; and
(B) has not yet been approved for general use by the United States Food and Drug Administration.
(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.
(c) It is an exception to the application of this section that the valuable consideration is:
(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;
(2) reimbursement of legal or medical expenses incurred for the benefit of the ultimate receiver of the investigational stem cell treatment; or
(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.
(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.
(e) A violation of this section is a Class A misdemeanor.
Notes and commentary — not statutory text
History
Added by Acts 2017, 85th Leg., R.S., Ch. 697 (H.B. 810), Sec. 4, eff. September 1, 2017.
Redesignated from Penal Code, Section 48.03 by Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 21.001(41), eff. September 1, 2019.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/PE/htm/PE.48.htm
- Text hash
- sha256 18f73e7620399656cc1f0b1b50f5095b9c1916860f8ef224787d467953ad2cd9
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
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Health and Safety Code
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