83R571 NAJ-D
 
  By: Rodriguez S.B. No. 538
 
 
 
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  Section 21.06, Penal Code, is repealed.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.  Section 85.007(b), 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.