HBA-NMO H.B. 91 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 91
By: Giddings
Public Health
2/22/1999
Introduced



BACKGROUND AND PURPOSE 

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.  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

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subtitle H, Title 2, 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.   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.