Bill Text: TX SB538 | 2013-2014 | 83rd Legislature | Comm Sub

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Bill Title: Relating to the repeal of the offense of homosexual conduct.

Sponsorship: Partisan Bill (Democrat 2)

Status: (Introduced - Dead) 2013-05-17 - Not again placed on intent calendar [SB538 Detail]

Download: Texas-2013-SB538-Comm_Sub.html

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By: Rodriguez S.B. No. 538
(In the Senate - Filed February 13, 2013; February 20, 2013,
read first time and referred to Committee on State Affairs;
March 26, 2013, rereferred to Committee on Criminal Justice;
April 18, 2013, reported favorably by the following vote:
Yeas 5, Nays 0; April 18, 2013, sent to printer.)

A BILL TO BE ENTITLED
AN ACT
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 Section 21.06, Penal Code, is repealed.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. Subsection (b), Section 85.007, Health and
Safety Code, is amended to read as follows:
(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 Code].
SECTION 3. Section 163.002, Health and Safety Code, is
amended to read as follows:
Sec. 163.002. INSTRUCTIONAL ELEMENTS. Course materials and
instruction relating to sexual education or sexually transmitted
diseases should include:
(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
sexual behavior;
(3) statistics, based on the latest medical
information, that indicate the efficacy of the various forms of
contraception;
(4) information concerning the laws relating to the
financial responsibilities associated with pregnancy, childbirth,
and child rearing;
(5) information concerning the laws prohibiting
sexual abuse and the legal and counseling options available to
victims of sexual abuse;
(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;
and
(7) psychologically sound methods of resisting
unwanted peer pressure[; and
[(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, 2013.
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