HBA-MPM H.B. 464 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 464
By: Wise
Criminal Jurisprudence
2/11/1999
Introduced



BACKGROUND AND PURPOSE 

There is frequent confusion about the terms involved in sexual
victimization of children.  While "sexual abuse" refers to sexual acts
involving a child and an adult responsible for that child's welfare (such
as a parent or guardian), "sexual exploitation" is restricted  to child
pornography and live sexual performances involving a child.  In the laws of
most states, if a person responsible for the child's welfare is involved in
sexual exploitation, it is included in the definition of abuse.  H.B. 464
therefore redefines "abuse" to include causing, encouraging, engaging in,
or allowing a sexual performance by a child. 

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 Section 261.001(1), Family Code, to redefine "abuse" to
include causing, permitting, encouraging, engaging in, or allowing a sexual
performance by a child as defined by Section 43.25, Penal Code (Sexual
Performance by a Child).  Makes nonsubstantive changes. 

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