SRC-PNG H.B. 91 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 91
76R996 DLF-DBy: Giddings (Ellis)
Criminal Justice
5/12/1999
Engrossed


DIGEST 

The United States Congress enacted the Federal Prohibition of Female
Genital Mutilation Act in 1996.  However, while female genital mutilation
has occurred in Texas due to immigration from regions of the world where it
is practiced, this state cannot prosecute individuals who commit such acts
of mutilation because they are not prohibited by state law.  This bill
would provide that a person commits a state jail felony if the person
mutilates any part of the female genitalia of another person who is younger
than 18 years of age. 

PURPOSE

As proposed, H.B. 91 provides that a person commits a state jail felony if
the person mutilates any part of the female genitalia of another person who
is younger than 18 years of age. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Title 2H, Health and Safety Code, by adding Chapter 166,
as follows: 

CHAPTER 166.  FEMALE GENITAL MUTILATION

Sec.  166.001.  FEMALE GENITAL MUTILATION PROHIBITED.  Provides that a
person commits a state jail felony if the person knowingly mutilates any
part of the female genitalia of another person who is younger than 18 years
of age.  Provides that it is a defense to prosecution that the person
performing the act is a physician or other licensed health care
professional acting within the scope of that person's license and
performing the act for medical purposes. 

SECTION 2. Emergency clause.
  Effective date: upon passage.