HBA-NMO H.B. 91 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 91 By: Giddings Public Health 7/7/99 Enrolled BACKGROUND AND PURPOSE In 1996, the United States Congress enacted the Federal Prohibition of Female Genital Mutilation Act. However, prior to the 76th Legislature, this state could not prosecute individuals who committed acts of female genital mutilation because state law did not prohibit such acts. 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.