Texas 2021 - 87th Regular

Texas Senate Bill SB129 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R1915 EAS-D
2	2	By: Johnson S.B. No. 129
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain statutory changes to reflect and address
8	8	same-sex marriages and parenting relationships and to the removal
9	9	of provisions regarding the criminality or unacceptability of
10	10	homosexual conduct.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	ARTICLE 1. FAMILY CODE PROVISIONS
13	13	SECTION 1.01. Subchapter A, Chapter 1, Family Code, is
14	14	amended by adding Section 1.0015 to read as follows:
15	15	Sec. 1.0015. CONSTRUCTION OF GENDER-SPECIFIC TERMINOLOGY.
16	16	When necessary to implement the rights and duties of spouses or
17	17	parents in a marriage between persons of the same sex under the laws
18	18	of this state, gender-specific terminology must be construed in a
19	19	neutral manner to refer to a person of either gender.
20	20	SECTION 1.02. Section 2.001(a), Family Code, is amended to
21	21	read as follows:
22	22	(a) Two individuals [A man and a woman] desiring to enter
23	23	into a ceremonial marriage must obtain a marriage license from the
24	24	county clerk of any county of this state.
25	25	SECTION 1.03. Section 2.004(b), Family Code, is amended to
26	26	read as follows:
27	27	(b) The application form must contain:
28	28	(1) a heading entitled "Application for Marriage
29	29	License, ____________ County, Texas";
30	30	(2) spaces for each applicant's full name, including
31	31	the [woman's maiden] surname of an applicant intending to change
32	32	the applicant's surname as a result of the marriage, address,
33	33	social security number, if any, date of birth, and place of birth,
34	34	including city, county, and state;
35	35	(3) a space for indicating the document tendered by
36	36	each applicant as proof of identity and age;
37	37	(4) spaces for indicating whether each applicant has
38	38	been divorced within the last 30 days;
39	39	(5) printed boxes for each applicant to check "true"
40	40	or "false" in response to the following statement: "I am not
41	41	presently married and the other applicant is not presently
42	42	married.";
43	43	(6) printed boxes for each applicant to check "true"
44	44	or "false" in response to the following statement: "The other
45	45	applicant is not related to me as:
46	46	(A) an ancestor or descendant, by blood or
47	47	adoption;
48	48	(B) a brother or sister, of the whole or half
49	49	blood or by adoption;
50	50	(C) a parent's brother or sister, of the whole or
51	51	half blood or by adoption;
52	52	(D) a son or daughter of a brother or sister, of
53	53	the whole or half blood or by adoption;
54	54	(E) a current or former stepchild or stepparent;
55	55	or
56	56	(F) a son or daughter of a parent's brother or
57	57	sister, of the whole or half blood or by adoption.";
58	58	(7) printed boxes for each applicant to check "true"
59	59	or "false" in response to the following statement: "I am not
60	60	presently delinquent in the payment of court-ordered child
61	61	support.";
62	62	(8) a printed oath reading: "I SOLEMNLY SWEAR (OR
63	63	AFFIRM) THAT THE INFORMATION I HAVE GIVEN IN THIS APPLICATION IS
64	64	CORRECT.";
65	65	(9) spaces immediately below the printed oath for the
66	66	applicants' signatures;
67	67	(10) a certificate of the county clerk that:
68	68	(A) each applicant made the oath and the date and
69	69	place that it was made; or
70	70	(B) an applicant did not appear personally but
71	71	the prerequisites for the license have been fulfilled as provided
72	72	by this chapter;
73	73	(11) spaces for indicating the date of the marriage
74	74	and the county in which the marriage is performed;
75	75	(12) a space for the address to which the applicants
76	76	desire the completed license to be mailed; and
77	77	(13) a printed box for each applicant to check
78	78	indicating that the applicant wishes to make a voluntary
79	79	contribution of $5 to promote healthy early childhood by supporting
80	80	the Texas Home Visiting Program administered by the Office of Early
81	81	Childhood Coordination of the Health and Human Services Commission.
82	82	SECTION 1.04. Section 2.401(a), Family Code, is amended to
83	83	read as follows:
84	84	(a) In a judicial, administrative, or other proceeding, the
85	85	marriage of two individuals [a man and woman] may be proved by
86	86	evidence that:
87	87	(1) a declaration of their marriage has been signed as
88	88	provided by this subchapter; or
89	89	(2) the individuals [man and woman] agreed to be
90	90	married and after the agreement they lived together in this state as
91	91	spouses [husband and wife] and there represented to others that
92	92	they were married.
93	93	SECTION 1.05. Section 2.402(b), Family Code, is amended to
94	94	read as follows:
95	95	(b) The declaration form must contain:
96	96	(1) a heading entitled "Declaration and Registration
97	97	of Informal Marriage, ___________ County, Texas";
98	98	(2) spaces for each party's full name, including the
99	99	[woman's maiden] surname of a party intending to change the party's
100	100	surname as a result of the marriage, address, date of birth, place
101	101	of birth, including city, county, and state, and social security
102	102	number, if any;
103	103	(3) a space for indicating the type of document
104	104	tendered by each party as proof of age and identity;
105	105	(4) printed boxes for each party to check "true" or
106	106	"false" in response to the following statement: "The other party is
107	107	not related to me as:
108	108	(A) an ancestor or descendant, by blood or
109	109	adoption;
110	110	(B) a brother or sister, of the whole or half
111	111	blood or by adoption;
112	112	(C) a parent's brother or sister, of the whole or
113	113	half blood or by adoption;
114	114	(D) a son or daughter of a brother or sister, of
115	115	the whole or half blood or by adoption;
116	116	(E) a current or former stepchild or stepparent;
117	117	or
118	118	(F) a son or daughter of a parent's brother or
119	119	sister, of the whole or half blood or by adoption.";
120	120	(5) a printed declaration and oath reading: "I
121	121	SOLEMNLY SWEAR (OR AFFIRM) THAT WE, THE UNDERSIGNED, ARE MARRIED TO
122	122	EACH OTHER BY VIRTUE OF THE FOLLOWING FACTS: ON OR ABOUT (DATE) WE
123	123	AGREED TO BE MARRIED, AND AFTER THAT DATE WE LIVED TOGETHER AS
124	124	SPOUSES [HUSBAND AND WIFE] AND IN THIS STATE WE REPRESENTED TO
125	125	OTHERS THAT WE WERE MARRIED. SINCE THE DATE OF MARRIAGE TO THE OTHER
126	126	PARTY I HAVE NOT BEEN MARRIED TO ANY OTHER PERSON. THIS DECLARATION
127	127	IS TRUE AND THE INFORMATION IN IT WHICH I HAVE GIVEN IS CORRECT.";
128	128	(6) spaces immediately below the printed declaration
129	129	and oath for the parties' signatures; and
130	130	(7) a certificate of the county clerk that the parties
131	131	made the declaration and oath and the place and date it was made.
132	132	SECTION 1.06. Section 3.401, Family Code, is amended by
133	133	adding Subdivision (1) and amending Subdivisions (4) and (5) to
134	134	read as follows:
135	135	(1) "Civil union" means any relationship status other
136	136	than marriage that:
137	137	(A) is intended as an alternative to marriage or
138	138	applies primarily to cohabitating persons; and
139	139	(B) grants to the parties of the relationship
140	140	legal protections, benefits, or responsibilities granted to the
141	141	spouses of a marriage.
142	142	(4) "Marital estate" means one of three estates:
143	143	(A) the community property owned by the spouses
144	144	together and referred to as the community marital estate; or
145	145	(B) the separate property owned individually by
146	146	each spouse [the husband] and referred to as a separate marital
147	147	estate[; or
148	148	[(C) the separate property owned individually by
149	149	the wife, also referred to as a separate marital estate].
150	150	(5) "Spouse" means one of the two individuals who are
151	151	the parties to:
152	152	(A) a marriage; or
153	153	(B) [a husband, who is a man, or a wife, who is a
154	154	woman. A member of] a civil union [or similar relationship] entered
155	155	into in another state [between persons of the same sex is not a
156	156	spouse].
157	157	SECTION 1.07. Section 6.104(b), Family Code, is amended to
158	158	read as follows:
159	159	(b) In exercising its discretion, the court shall consider
160	160	the pertinent facts concerning the welfare of the parties to the
161	161	marriage, including whether a spouse [the female] is pregnant.
162	162	SECTION 1.08. Section 6.202(b), Family Code, is amended to
163	163	read as follows:
164	164	(b) The later marriage that is void under this section
165	165	becomes valid when the prior marriage is dissolved if, after the
166	166	date of the dissolution, the parties have lived together as spouses
167	167	[husband and wife] and represented themselves to others as being
168	168	married.
169	169	SECTION 1.09. Section 6.203, Family Code, is amended to
170	170	read as follows:
171	171	Sec. 6.203. CERTAIN VOID MARRIAGES VALIDATED. Except for a
172	172	marriage that would have been void under Section 6.201, a marriage
173	173	that was entered into before January 1, 1970, in violation of the
174	174	prohibitions of Article 496, Penal Code of Texas, 1925, is
175	175	validated from the date the marriage commenced if the parties
176	176	continued until January 1, 1970, to live together as spouses
177	177	[husband and wife] and to represent themselves to others as being
178	178	married.
179	179	SECTION 1.10. Section 6.704, Family Code, is amended to
180	180	read as follows:
181	181	Sec. 6.704. TESTIMONY OF SPOUSE [HUSBAND OR WIFE]. (a) In
182	182	a suit for dissolution of a marriage, each spouse is a [the husband
183	183	and wife are] competent witness [witnesses] for and against the
184	184	[each] other spouse. A spouse may not be compelled to testify as to
185	185	a matter that will incriminate the spouse.
186	186	(b) If a spouse [the husband or wife] testifies, the court
187	187	or jury trying the case shall determine the credibility of the
188	188	witness and the weight to be given the witness's testimony.
189	189	SECTION 1.11. Chapter 51, Family Code, is amended by adding
190	190	Section 51.015 to read as follows:
191	191	Sec. 51.015. CONSTRUCTION OF GENDER-SPECIFIC TERMINOLOGY.
192	192	When necessary to implement the rights and duties of spouses or
193	193	parents in a marriage between persons of the same sex under the laws
194	194	of this state, gender-specific terminology must be construed in a
195	195	neutral manner to refer to a person of either gender.
196	196	SECTION 1.12. Chapter 101, Family Code, is amended by
197	197	adding Section 101.0012 to read as follows:
198	198	Sec. 101.0012. CONSTRUCTION OF GENDER-SPECIFIC
199	199	TERMINOLOGY. When necessary to implement the rights and duties of
200	200	spouses or parents in a marriage between persons of the same sex
201	201	under the laws of this state, gender-specific terminology must be
202	202	construed in a neutral manner to refer to a person of either gender.
203	203	SECTION 1.13. Section 101.024(a), Family Code, is amended
204	204	to read as follows:
205	205	(a) "Parent" means the mother, a man presumed to be the
206	206	father, an individual [a man] legally determined to be a parent [the
207	207	father], an individual [a man] who has been adjudicated to be a
208	208	parent [the father] by a court of competent jurisdiction, a man who
209	209	has acknowledged his parentage [paternity] under applicable law, or
210	210	an adoptive mother or father. Except as provided by Subsection (b),
211	211	the term does not include a parent as to whom the parent-child
212	212	relationship has been terminated.
213	213	SECTION 1.14. Section 108.009(b), Family Code, is amended
214	214	to read as follows:
215	215	(b) The new certificate may not show that a parent-child
216	216	[the father and child] relationship was established after the
217	217	child's birth but may show the child's actual place and date of
218	218	birth.
219	219	SECTION 1.15. Section 152.310(d), Family Code, is amended
220	220	to read as follows:
221	221	(d) A privilege against disclosure of communications
222	222	between spouses and a defense of immunity based on the relationship
223	223	of spouses [husband and wife] or parent and child may not be invoked
224	224	in a proceeding under this subchapter.
225	225	SECTION 1.16. Section 153.312(b), Family Code, is amended
226	226	to read as follows:
227	227	(b) The following provisions govern possession of the child
228	228	for vacations and certain specific holidays and supersede
229	229	conflicting weekend or Thursday periods of possession. The
230	230	possessory conservator and the managing conservator shall have
231	231	rights of possession of the child as follows:
232	232	(1) the possessory conservator shall have possession
233	233	in even-numbered years, beginning at 6 p.m. on the day the child is
234	234	dismissed from school for the school's spring vacation and ending
235	235	at 6 p.m. on the day before school resumes after that vacation, and
236	236	the managing conservator shall have possession for the same period
237	237	in odd-numbered years;
238	238	(2) if a possessory conservator:
239	239	(A) gives the managing conservator written
240	240	notice by April 1 of each year specifying an extended period or
241	241	periods of summer possession, the possessory conservator shall have
242	242	possession of the child for 30 days beginning not earlier than the
243	243	day after the child's school is dismissed for the summer vacation
244	244	and ending not later than seven days before school resumes at the
245	245	end of the summer vacation, to be exercised in not more than two
246	246	separate periods of at least seven consecutive days each, with each
247	247	period of possession beginning and ending at 6 p.m. on each
248	248	applicable day; or
249	249	(B) does not give the managing conservator
250	250	written notice by April 1 of each year specifying an extended period
251	251	or periods of summer possession, the possessory conservator shall
252	252	have possession of the child for 30 consecutive days beginning at 6
253	253	p.m. on July 1 and ending at 6 p.m. on July 31;
254	254	(3) if the managing conservator gives the possessory
255	255	conservator written notice by April 15 of each year, the managing
256	256	conservator shall have possession of the child on any one weekend
257	257	beginning Friday at 6 p.m. and ending at 6 p.m. on the following
258	258	Sunday during one period of possession by the possessory
259	259	conservator under Subdivision (2), provided that the managing
260	260	conservator picks up the child from the possessory conservator and
261	261	returns the child to that same place; and
262	262	(4) if the managing conservator gives the possessory
263	263	conservator written notice by April 15 of each year or gives the
264	264	possessory conservator 14 days' written notice on or after April 16
265	265	of each year, the managing conservator may designate one weekend
266	266	beginning not earlier than the day after the child's school is
267	267	dismissed for the summer vacation and ending not later than seven
268	268	days before school resumes at the end of the summer vacation, during
269	269	which an otherwise scheduled weekend period of possession by the
270	270	possessory conservator will not take place, provided that the
271	271	weekend designated does not interfere with the possessory
272	272	conservator's period or periods of extended summer possession or
273	273	with Father's Day if the possessory conservator is a [the] father of
274	274	the child who is entitled to possession of the child for Father's
275	275	Day weekend that year.
276	276	SECTION 1.17. Sections 153.313 and 153.314, Family Code,
277	277	are amended to read as follows:
278	278	Sec. 153.313. PARENTS WHO RESIDE OVER 100 MILES APART. If
279	279	the possessory conservator resides more than 100 miles from the
280	280	residence of the child, the possessory conservator shall have the
281	281	right to possession of the child as follows:
282	282	(1) either regular weekend possession beginning on the
283	283	first, third, and fifth Friday as provided under the terms
284	284	applicable to parents who reside 100 miles or less apart or not more
285	285	than one weekend per month of the possessory conservator's choice
286	286	beginning at 6 p.m. on the day school recesses for the weekend and
287	287	ending at 6 p.m. on the day before school resumes after the weekend,
288	288	provided that the possessory conservator gives the managing
289	289	conservator 14 days' written or telephonic notice preceding a
290	290	designated weekend, and provided that the possessory conservator
291	291	elects an option for this alternative period of possession by
292	292	written notice given to the managing conservator within 90 days
293	293	after the parties begin to reside more than 100 miles apart, as
294	294	applicable;
295	295	(2) each year beginning at 6 p.m. on the day the child
296	296	is dismissed from school for the school's spring vacation and
297	297	ending at 6 p.m. on the day before school resumes after that
298	298	vacation;
299	299	(3) if the possessory conservator:
300	300	(A) gives the managing conservator written
301	301	notice by April 1 of each year specifying an extended period or
302	302	periods of summer possession, the possessory conservator shall have
303	303	possession of the child for 42 days beginning not earlier than the
304	304	day after the child's school is dismissed for the summer vacation
305	305	and ending not later than seven days before school resumes at the
306	306	end of the summer vacation, to be exercised in not more than two
307	307	separate periods of at least seven consecutive days each, with each
308	308	period of possession beginning and ending at 6 p.m. on each
309	309	applicable day; or
310	310	(B) does not give the managing conservator
311	311	written notice by April 1 of each year specifying an extended period
312	312	or periods of summer possession, the possessory conservator shall
313	313	have possession of the child for 42 consecutive days beginning at 6
314	314	p.m. on June 15 and ending at 6 p.m. on July 27;
315	315	(4) if the managing conservator gives the possessory
316	316	conservator written notice by April 15 of each year the managing
317	317	conservator shall have possession of the child on one weekend
318	318	beginning Friday at 6 p.m. and ending at 6 p.m. on the following
319	319	Sunday during one period of possession by the possessory
320	320	conservator under Subdivision (3), provided that if a period of
321	321	possession by the possessory conservator exceeds 30 days, the
322	322	managing conservator may have possession of the child under the
323	323	terms of this subdivision on two nonconsecutive weekends during
324	324	that time period, and further provided that the managing
325	325	conservator picks up the child from the possessory conservator and
326	326	returns the child to that same place; and
327	327	(5) if the managing conservator gives the possessory
328	328	conservator written notice by April 15 of each year, the managing
329	329	conservator may designate 21 days beginning not earlier than the
330	330	day after the child's school is dismissed for the summer vacation
331	331	and ending not later than seven days before school resumes at the
332	332	end of the summer vacation, to be exercised in not more than two
333	333	separate periods of at least seven consecutive days each, with each
334	334	period of possession beginning and ending at 6 p.m. on each
335	335	applicable day, during which the possessory conservator may not
336	336	have possession of the child, provided that the period or periods so
337	337	designated do not interfere with the possessory conservator's
338	338	period or periods of extended summer possession or with Father's
339	339	Day if the possessory conservator is a [the] father of the child who
340	340	is entitled to possession of the child for Father's Day weekend that
341	341	year.
342	342	Sec. 153.314. HOLIDAY POSSESSION UNAFFECTED BY DISTANCE
343	343	PARENTS RESIDE APART. The following provisions govern possession
344	344	of the child for certain specific holidays and supersede
345	345	conflicting weekend or Thursday periods of possession without
346	346	regard to the distance the parents reside apart. The possessory
347	347	conservator and the managing conservator shall have rights of
348	348	possession of the child as follows:
349	349	(1) the possessory conservator shall have possession
350	350	of the child in even-numbered years beginning at 6 p.m. on the day
351	351	the child is dismissed from school for the Christmas school
352	352	vacation and ending at noon on December 28, and the managing
353	353	conservator shall have possession for the same period in
354	354	odd-numbered years;
355	355	(2) the possessory conservator shall have possession
356	356	of the child in odd-numbered years beginning at noon on December 28
357	357	and ending at 6 p.m. on the day before school resumes after that
358	358	vacation, and the managing conservator shall have possession for
359	359	the same period in even-numbered years;
360	360	(3) the possessory conservator shall have possession
361	361	of the child in odd-numbered years, beginning at 6 p.m. on the day
362	362	the child is dismissed from school before Thanksgiving and ending
363	363	at 6 p.m. on the following Sunday, and the managing conservator
364	364	shall have possession for the same period in even-numbered years;
365	365	(4) the parent not otherwise entitled under this
366	366	standard possession order to present possession of a child on the
367	367	child's birthday shall have possession of the child beginning at 6
368	368	p.m. and ending at 8 p.m. on that day, provided that the parent
369	369	picks up the child from the residence of the conservator entitled to
370	370	possession and returns the child to that same place;
371	371	(5) if a conservator, the father shall have possession
372	372	of the child beginning at 6 p.m. on the Friday preceding Father's
373	373	Day and ending on Father's Day at 6 p.m., provided that, if he is not
374	374	otherwise entitled under this standard possession order to present
375	375	possession of the child, he picks up the child from the residence of
376	376	the conservator entitled to possession and returns the child to
377	377	that same place, except that if the child has two fathers appointed
378	378	as conservators, the managing conservator shall have possession of
379	379	the child for the period described by this subdivision in
380	380	even-numbered years and the possessory conservator shall have
381	381	possession of the child for that period in odd-numbered years; and
382	382	(6) if a conservator, the mother shall have possession
383	383	of the child beginning at 6 p.m. on the Friday preceding Mother's
384	384	Day and ending on Mother's Day at 6 p.m., provided that, if she is
385	385	not otherwise entitled under this standard possession order to
386	386	present possession of the child, she picks up the child from the
387	387	residence of the conservator entitled to possession and returns the
388	388	child to that same place, except that if the child has two mothers
389	389	appointed as conservators, the managing conservator shall have
390	390	possession of the child for the period described by this
391	391	subdivision in even-numbered years and the possessory conservator
392	392	shall have possession of the child for that period in odd-numbered
393	393	years.
394	394	SECTION 1.18. The following provisions of the Family Code
395	395	are repealed:
396	396	(1) Section 2.001(b); and
397	397	(2) Section 6.204.
398	398	SECTION 1.19. The change in law made by this article to
399	399	Section 108.009(b), Family Code, applies only to a new birth
400	400	certificate for a child born on or after the effective date of this
401	401	Act. A new birth certificate for a child born before that date is
402	402	governed by the law in effect on the date the child was born, and the
403	403	former law is continued in effect for that purpose.
404	404	SECTION 1.20. The changes in law made by this article to
405	405	Sections 153.312(b), 153.313, and 153.314, Family Code, apply only
406	406	to a court order providing for possession of or access to a child
407	407	rendered on or after the effective date of this Act. A court order
408	408	rendered before the effective date of this Act is governed by the
409	409	law in effect on the date the order was rendered, and the former law
410	410	is continued in effect for that purpose.
411	411	ARTICLE 2. HEALTH AND SAFETY CODE PROVISIONS
412	412	SECTION 2.01. Section 85.007(b), Health and Safety Code, is
413	413	amended to read as follows:
414	414	(b) The materials in the education programs intended for
415	415	persons younger than 18 years of age must[:
416	416	[(1)] emphasize sexual abstinence before marriage and
417	417	fidelity in marriage as the expected standard in terms of public
418	418	health and the most effective ways to prevent HIV infection,
419	419	sexually transmitted diseases, and unwanted pregnancies[; and
420	420	[(2) state that homosexual conduct is not an acceptable
421	421	lifestyle and is a criminal offense under Section 21.06, Penal
422	422	Code].
423	423	SECTION 2.02. Section 163.001(a), Health and Safety Code,
424	424	is amended to read as follows:
425	425	(a) The department shall develop a model public health
426	426	education program suitable for school-age children and shall make
427	427	the program available to any person on request. The program should
428	428	emphasize:
429	429	(1) that abstinence from sexual intercourse is the
430	430	most effective protection against unwanted teenage pregnancy,
431	431	sexually transmitted diseases, and acquired immune deficiency
432	432	syndrome (AIDS) when transmitted sexually;
433	433	(2) that abstinence from sexual intercourse outside of
434	434	[lawful] marriage is the expected societal standard for school-age
435	435	unmarried persons; and
436	436	(3) the physical, emotional, and psychological
437	437	dangers of substance abuse, including the risk of acquired immune
438	438	deficiency syndrome (AIDS) through the sharing of needles during
439	439	intravenous drug usage.
440	440	SECTION 2.03. Section 163.002, Health and Safety Code, is
441	441	amended to read as follows:
442	442	Sec. 163.002. INSTRUCTIONAL ELEMENTS. Course materials and
443	443	instruction relating to sexual education or sexually transmitted
444	444	diseases should include:
445	445	(1) an emphasis on sexual abstinence as the only
446	446	completely reliable method of avoiding unwanted teenage pregnancy
447	447	and sexually transmitted diseases;
448	448	(2) an emphasis on the importance of self-control,
449	449	responsibility, and ethical conduct in making decisions relating to
450	450	sexual behavior;
451	451	(3) statistics, based on the latest medical
452	452	information, that indicate the efficacy of the various forms of
453	453	contraception;
454	454	(4) information concerning the laws relating to the
455	455	financial responsibilities associated with pregnancy, childbirth,
456	456	and child rearing;
457	457	(5) information concerning the laws prohibiting
458	458	sexual abuse and the legal and counseling options available to
459	459	victims of sexual abuse;
460	460	(6) information on how to cope with and rebuff
461	461	unwanted physical and verbal sexual advances, as well as the
462	462	importance of avoiding the sexual exploitation of other persons;
463	463	and
464	464	(7) psychologically sound methods of resisting
465	465	unwanted peer pressure[; and
466	466	[(8) emphasis, provided in a factual manner and from a
467	467	public health perspective, that homosexuality is not a lifestyle
468	468	acceptable to the general public and that homosexual conduct is a
469	469	criminal offense under Section 21.06, Penal Code].
470	470	SECTION 2.04. Section 191.0046(b), Health and Safety Code,
471	471	is amended to read as follows:
472	472	(b) The state registrar shall issue without fee a certified
473	473	copy of a record not otherwise prohibited by law to a veteran or to
474	474	the veteran's widow or widower, orphan, or other dependent if the
475	475	copy is for use in settling a claim against the government.
476	476	SECTION 2.05. Section 193.006(a), Health and Safety Code,
477	477	is amended to read as follows:
478	478	(a) This section applies to the death certificate of a
479	479	person who:
480	480	(1) served in a war, campaign, or expedition of the
481	481	United States, the Confederate States of America, or the Republic
482	482	of Texas;
483	483	(2) was the spouse, widower, [wife] or widow of a
484	484	person who served in a war, campaign, or expedition of the United
485	485	States, the Confederate States of America, or the Republic of
486	486	Texas; or
487	487	(3) at the time of death was in the service of the
488	488	United States.
489	489	SECTION 2.06. Section 574.045(d), Health and Safety Code,
490	490	is amended to read as follows:
491	491	(d) A female patient must be accompanied by a female
492	492	attendant unless the patient is accompanied by her father, male
493	493	spouse [husband], or adult brother or son.
494	494	ARTICLE 3. PENAL CODE PROVISIONS
495	495	SECTION 3.01. Section 21.11(b), Penal Code, is amended to
496	496	read as follows:
497	497	(b) It is an affirmative defense to prosecution under this
498	498	section that the actor:
499	499	(1) was not more than three years older than the victim
500	500	[and of the opposite sex];
501	501	(2) did not use duress, force, or a threat against the
502	502	victim at the time of the offense; and
503	503	(3) at the time of the offense:
504	504	(A) was not required under Chapter 62, Code of
505	505	Criminal Procedure, to register for life as a sex offender; or
506	506	(B) was not a person who under Chapter 62, Code of
507	507	Criminal Procedure, had a reportable conviction or adjudication for
508	508	an offense under this section.
509	509	SECTION 3.02. Section 21.06, Penal Code, is repealed.
510	510	SECTION 3.03. The change in law made by this article to
511	511	Section 21.11, Penal Code, applies to an offense committed on or
512	512	after the effective date of this Act and to any criminal action
513	513	pending on the effective date of this Act for an offense committed
514	514	before that effective date. A final conviction for an offense under
515	515	Section 21.11, Penal Code, that exists on the effective date of this
516	516	Act is unaffected by this Act.
517	517	ARTICLE 4. EFFECTIVE DATE
518	518	SECTION 4.01. This Act takes effect September 1, 2021.