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A BILL TO BE ENTITLED
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AN ACT
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relating to the offense of genital mutilation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 167, Health and Safety |
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Code, is amended to read as follows: |
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CHAPTER 167. [FEMALE] GENITAL MUTILATION |
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SECTION 2. The heading to Section 167.001, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 167.001. [FEMALE] GENITAL MUTILATION PROHIBITED. |
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SECTION 3. Section 167.001, Health and Safety Code, is |
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amended by amending Subsections (a), (c), and (d) and adding |
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Subsections (a-1), (e), and (f) to read as follows: |
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(a) A person commits an offense if the person: |
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(1) knowingly performs a procedure described by |
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Subsection (a-1) on [circumcises, excises, or infibulates any part |
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of the labia majora or labia minora or clitoris of] another person |
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who is younger than 18 years of age; |
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(2) is a parent, caretaker, or legal guardian of |
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another person who is younger than 18 years of age and knowingly |
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consents to or facilitates a procedure described by Subsection |
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(a-1) [permits an act described by Subdivision (1)] to be performed |
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on that person; or |
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(3) knowingly transports or facilitates the |
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transportation of another person who is younger than 18 years of age |
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within this state or from this state for the purpose of having a |
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procedure described by Subsection (a-1) [an act described by |
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Subdivision (1)] performed on that person. |
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(a-1) This section applies only to a procedure that involves |
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the partial or total removal of, or other injury to, the genitals of |
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a person, including the following genital surgeries: |
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(1) clitorectomy, clitoroplasty, clitoral reduction, |
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and clitoral recession, including corporal-sparing procedures; |
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(2) vaginoplasty, introitoplasty, vaginal |
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exteriorization, and partial or total urogenital sinus |
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mobilization; |
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(3) labiaplasty and labial reduction; |
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(4) hypospadias surgery, relocation of the urethral |
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meatus, and chordee release; |
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(5) phalloplasty; and |
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(6) gonadectomy, including of testes, ovaries, |
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ovotestes, or streak gonads. |
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(c) It is a defense to prosecution under Subsection (a) |
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that: |
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(1) the person performing the procedure [act] is a |
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physician or other licensed health care professional and the |
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procedure [act] is within the scope of the person's license; and |
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(2) the procedure is: |
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(A) necessary for the person's physical health; |
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(B) male circumcision; or |
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(C) performed on an intersex person [act is |
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performed for medical purposes]. |
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(d) It is not a defense to prosecution under Subsection (a) |
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[this section] that the procedure is required as a matter of |
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religion, custom, tradition, ritual, or standard practice[: |
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[(1) the person on whom the circumcision, excision, or |
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infibulation was performed or was to be performed, or another |
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person authorized to consent to medical treatment of that person, |
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including that person's parent or legal guardian, consented to the |
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circumcision, excision, or infibulation; |
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[(2) the circumcision, excision, or infibulation is |
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required by a custom or practice of a particular group; or |
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[(3) the circumcision, excision, or infibulation was |
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performed or was to be performed as part of or in connection with a |
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religious or other ritual]. |
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(e) In this section, "intersex person" means a person who: |
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(1) has inborn chromosomal, gonadal, genital, or |
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endocrine characteristics, or a combination of those |
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characteristics, that are not suited to the typical definition of |
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male or female or are atypical for the determined sex of the person; |
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or |
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(2) is considered by a medical professional to have |
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inborn chromosomal, gonadal, genital, or endocrine characteristics |
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that are ambiguous or atypical for the determined sex of the person. |
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(f) Title 4, Penal Code, applies to an offense under this |
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section. |
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SECTION 4. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes |
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of this section, an offense was committed before the effective date |
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of this Act if any element of the offense occurred before that date. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |