The bill, S.B. No. 2723, 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 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.

Furthermore, the amendments to the Health and Safety Code maintain a focus on sexual abstinence and responsible sexual behavior while omitting any mention of homosexual conduct as an unacceptable lifestyle. The revised language emphasizes public health perspectives without criminalizing homosexual behavior, reflecting a broader acceptance of diverse sexual orientations. The bill 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)