HB 1738

relating to the repeal of the offense of homosexual conduct.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 21.06, Penal Code, is repealed.
SECTION 2.  Section 85.007(b), Health and Safety Code, is
(b)  The materials in the education programs intended for
persons younger than 18 years of age must:
(1)  emphasize sexual abstinence before marriage and
fidelity in marriage as the expected standard in terms of public
health and the most effective ways to prevent HIV infection,
sexually transmitted diseases, and unwanted pregnancies; and
(2)  state that homosexual conduct is not an acceptable
lifestyle [and is a criminal offense under Section 21.06, Penal
SECTION 3.  Section 163.002, Health and Safety Code, is
Sec. 163.002.  INSTRUCTIONAL ELEMENTS.  Course materials and
instruction relating to sexual education or sexually transmitted
(1)  an emphasis on sexual abstinence as the only
completely reliable method of avoiding unwanted teenage pregnancy
and sexually transmitted diseases;
(2)  an emphasis on the importance of self-control,
responsibility, and ethical conduct in making decisions relating to
(3)  statistics, based on the latest medical
information, that indicate the efficacy of the various forms of
(4)  information concerning the laws relating to the
financial responsibilities associated with pregnancy, childbirth,
(5)  information concerning the laws prohibiting
sexual abuse and the legal and counseling options available to
(6)  information on how to cope with and rebuff
unwanted physical and verbal sexual advances, as well as the
importance of avoiding the sexual exploitation of other persons;
(7)  psychologically sound methods of resisting
(8)  emphasis, provided in a factual manner and from a
public health perspective, that homosexuality is not a lifestyle
acceptable to the general public [and that homosexual conduct is a
criminal offense under Section 21.06, Penal Code].
SECTION 4.  This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution.  If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.