The bill, H.B. No. 1738, proposes the repeal of the offense of homosexual conduct by eliminating Section 21.06 from the Penal Code. This change signifies a significant shift in the legal treatment of homosexual conduct in Texas, as it removes the criminalization of such behavior. Additionally, the bill amends existing provisions in the Health and Safety Code, specifically Sections 85.007(b) and 163.002, to remove references to homosexual conduct as a criminal offense.

In the amended sections, the language that previously stated homosexual conduct is not an acceptable lifestyle and is a criminal offense has been deleted. Instead, the focus is shifted towards promoting sexual abstinence and responsible sexual behavior without the implication of criminality associated with homosexual conduct. The bill aims to align educational materials with contemporary public health perspectives while ensuring that the instruction emphasizes self-control and ethical conduct in sexual behavior. 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 85, Health and Safety Code 21, Penal Code 21)
House Committee Report: Penal Code 21.06, Health and Safety Code 85.007, Health and Safety Code 21.06 (Health and Safety Code 85, Health and Safety Code 21, Penal Code 21)