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 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 Sections 85.007(b) and 163.002, to remove references to homosexual conduct as a criminal offense.

In the amended language, educational materials for individuals under 18 will no longer state that homosexual conduct is a criminal offense, but will still emphasize sexual abstinence and fidelity in marriage as the expected standards for public health. The bill also maintains a focus on providing factual information regarding sexual education and the importance of self-control and ethical conduct in sexual behavior, while reframing the discussion around homosexuality to reflect a public health perspective rather than a legal one. The bill is set to take effect immediately upon receiving a two-thirds vote from both houses or on September 1, 2025, if that vote is not achieved.

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)
Engrossed: 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)