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, thereby aligning educational materials with the repeal.

In the amended sections, the language previously stating that homosexual conduct is a criminal offense has been deleted, while still emphasizing sexual abstinence and fidelity in marriage as the expected standards for public health. The bill maintains a focus on sexual education, including the importance of self-control and responsibility, but it refrains from labeling homosexuality as an unacceptable lifestyle in the context of legal consequences. The act is set to 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)
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)