The bill, H.B. No. 903, proposes the repeal of the offense of homosexual conduct by eliminating Section 21.06 from the Penal Code. This repeal signifies a significant shift in the legal treatment of homosexual conduct in Texas, removing it from the list of criminal offenses. Additionally, the bill amends existing provisions in the Health and Safety Code, specifically Section 85.007(b) and Section 163.002, to remove references to homosexual conduct as a criminal offense, thereby aligning educational materials with the repeal.

In the amended sections, the language previously stating that homosexual conduct is not an acceptable lifestyle and is a criminal offense has been deleted. The educational programs for individuals under 18 will continue to emphasize sexual abstinence and fidelity in marriage, but without the previous criminalization of homosexual conduct. The bill aims to update the state's approach to sexual education and public health, reflecting a more inclusive understanding of sexual orientation. The act will take effect immediately upon receiving a two-thirds vote from both houses or on September 1, 2025, if that threshold is not met.

Statutes affected:
Introduced: Penal Code 21.06, Health and Safety Code 85.007, Health and Safety Code 21.06 (Health and Safety Code 21, Health and Safety Code 85, Penal Code 21)