79R4887 KCR-D

By:  Coleman                                                      H.B. No. 3215



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  Section 21.06, Penal Code, is repealed.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, 2005.