79R4887 KCR-D

By:  Coleman                                                      H.B. No. 3215

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 Section 21.06, Penal Code, is repealed.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.