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, thereby aligning educational materials with the repeal.

In the amended sections, the language that previously stated homosexual conduct is not an acceptable lifestyle and is a criminal offense has been deleted. The bill maintains a focus on sexual abstinence and responsible sexual behavior in educational programs, while no longer framing homosexual conduct within a criminal context. The act will take effect immediately upon receiving a two-thirds vote from both houses of the legislature or on September 1, 2025, if such a 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, Penal Code 21, Health and Safety 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, Penal Code 21, Health and Safety Code 21)
Engrossed: Penal Code 21.06, Health and Safety Code 85.007, Health and Safety Code 21.06 (Health and Safety Code 85, Penal Code 21, Health and Safety Code 21)