Texas 2013 - 83rd Regular

Texas Senate Bill SB538 Compare Versions

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1	1	By: Rodriguez S.B. No. 538
2	2	(In the Senate - Filed February 13, 2013; February 20, 2013,
3	3	read first time and referred to Committee on State Affairs;
4	4	March 26, 2013, rereferred to Committee on Criminal Justice;
5	5	April 18, 2013, reported favorably by the following vote:
6	6	Yeas 5, Nays 0; April 18, 2013, sent to printer.)
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to the repeal of the offense of homosexual conduct.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 21.06, Penal Code, is repealed.
14	14	SECTION 2. Subsection (b), Section 85.007, Health and
15	15	Safety Code, is amended to read as follows:
16	16	(b) The materials in the education programs intended for
17	17	persons younger than 18 years of age must[:
18	18	[(1)] emphasize sexual abstinence before marriage and
19	19	fidelity in marriage as the expected standard in terms of public
20	20	health and the most effective ways to prevent HIV infection,
21	21	sexually transmitted diseases, and unwanted pregnancies[; and
22	22	[(2) state that homosexual conduct is not an
23	23	acceptable lifestyle and is a criminal offense under Section 21.06,
24	24	Penal Code].
25	25	SECTION 3. Section 163.002, Health and Safety Code, is
26	26	amended to read as follows:
27	27	Sec. 163.002. INSTRUCTIONAL ELEMENTS. Course materials and
28	28	instruction relating to sexual education or sexually transmitted
29	29	diseases should include:
30	30	(1) an emphasis on sexual abstinence as the only
31	31	completely reliable method of avoiding unwanted teenage pregnancy
32	32	and sexually transmitted diseases;
33	33	(2) an emphasis on the importance of self-control,
34	34	responsibility, and ethical conduct in making decisions relating to
35	35	sexual behavior;
36	36	(3) statistics, based on the latest medical
37	37	information, that indicate the efficacy of the various forms of
38	38	contraception;
39	39	(4) information concerning the laws relating to the
40	40	financial responsibilities associated with pregnancy, childbirth,
41	41	and child rearing;
42	42	(5) information concerning the laws prohibiting
43	43	sexual abuse and the legal and counseling options available to
44	44	victims of sexual abuse;
45	45	(6) information on how to cope with and rebuff
46	46	unwanted physical and verbal sexual advances, as well as the
47	47	importance of avoiding the sexual exploitation of other persons;
48	48	and
49	49	(7) psychologically sound methods of resisting
50	50	unwanted peer pressure[; and
51	51	[(8) emphasis, provided in a factual manner and from a
52	52	public health perspective, that homosexuality is not a lifestyle
53	53	acceptable to the general public and that homosexual conduct is a
54	54	criminal offense under Section 21.06, Penal Code].
55	55	SECTION 4. This Act takes effect immediately if it receives
56	56	a vote of two-thirds of all the members elected to each house, as
57	57	provided by Section 39, Article III, Texas Constitution. If this
58	58	Act does not receive the vote necessary for immediate effect, this
59	59	Act takes effect September 1, 2013.
60	60	* * * * *