H.B. 3113 78(R)    BILL ANALYSIS


H.B. 3113
By: Dunnam
Juvenile Justice & Family Issues
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Currently, there is confusion among health care professionals about
reporting requirements to law enforcement for teenage sexual activity. The
confusion stems from a Senate amendment to House Bill 360, 77th
Legislature. The original bill was introduced to end the sexual
victimization of children forced to engage in sexual performances by
expanding the definition of "abuse" to include sexual performance by a
child. The Senate amendment added language explicitly covering some Penal
Code offenses that were already included in the law's general definition. 
 H.B.3113 clarifies the definition of abuse by limiting the term to
provide that abuse includes  sexual conduct harmful to a child's mental,
emotional, or physical welfare. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 261.001(1)(E), Family Code, to provide that
"abuse" includes all sexual conduct harmful to a child's mental,
emotional, or physical welfare.  
SECTION 2.  This Act takes effect immediately if it receives a vote of
two-thirds of all       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, 2003. 

EFFECTIVE DATE

Upon passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2003.