TX HB1738

Repeals Section 21.06 of the Texas Penal Code, which criminalized homosexual conduct (this statute was already ruled unconstitutional by the U.S. Supreme Court in Lawrence v. Texas in 2003 but remained in the code)

Amends Health and Safety Code Section 85.007(b) to remove language stating that homosexual conduct is a criminal offense, while retaining the requirement that HIV/AIDS education materials for minors must state homosexual conduct is "not an acceptable lifestyle"

Amends Health and Safety Code Section 163.002 regarding sexual education instructional elements to remove the reference to homosexual conduct as a criminal offense, while keeping language that materials should emphasize homosexuality is "not a lifestyle acceptable to the general public"

Takes effect immediately if passed by two-thirds vote of both legislative chambers; otherwise takes effect September 1, 2025