Relating to the repeal of the offense of homosexual conduct.

89(R) HB 1738 - Engrossed version - Bill Text

89R4145 JDK-D

By: Jones of Dallas, Moody, Harrison, Phelan,

H.B. No. 1738

Johnson, et al.

A BILL TO BE ENTITLED

AN ACT

relating to the repeal of the offense of homosexual conduct.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 21.06, Penal Code, is repealed.

SECTION 2. Section 85.007(b), Health and Safety Code, is

amended to read as follows:

(b) The materials in the education programs intended for

persons younger than 18 years of age must:

(1) emphasize sexual abstinence before marriage and

fidelity in marriage as the expected standard in terms of public

health and the most effective ways to prevent HIV infection,

sexually transmitted diseases, and unwanted pregnancies; and

(2) state that homosexual conduct is not an acceptable

lifestyle [
and is a criminal offense under Section 21.06, Penal

Code
].

SECTION 3. Section 163.002, Health and Safety Code, is

amended to read as follows:

Sec. 163.002. INSTRUCTIONAL ELEMENTS. Course materials and

instruction relating to sexual education or sexually transmitted

diseases should include:

(1) an emphasis on sexual abstinence as the only

completely reliable method of avoiding unwanted teenage pregnancy

and sexually transmitted diseases;

(2) an emphasis on the importance of self-control,

responsibility, and ethical conduct in making decisions relating to

sexual behavior;

(3) statistics, based on the latest medical

information, that indicate the efficacy of the various forms of

contraception;

(4) information concerning the laws relating to the

financial responsibilities associated with pregnancy, childbirth,

and child rearing;

(5) information concerning the laws prohibiting

sexual abuse and the legal and counseling options available to

victims of sexual abuse;

(6) information on how to cope with and rebuff

unwanted physical and verbal sexual advances, as well as the

importance of avoiding the sexual exploitation of other persons;

(7) psychologically sound methods of resisting

unwanted peer pressure; and

(8) emphasis, provided in a factual manner and from a

public health perspective, that homosexuality is not a lifestyle

acceptable to the general public [
and that homosexual conduct is a

criminal offense under Section 21.06, Penal Code
].

SECTION 4. This Act takes effect immediately if it receives

a vote of two-thirds of all the 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, 2025.