Texas 2023 - 88th Regular

Texas House Bill HB5031 Compare Versions

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1	1	88R1608 EAS-D
2	2	By: Bryant H.B. No. 5031
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
107	107	is 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
126	126	OTHER PARTY I HAVE NOT BEEN MARRIED TO ANY OTHER PERSON. THIS
127	127	DECLARATION IS TRUE AND THE INFORMATION IN IT WHICH I HAVE GIVEN IS
128	128	CORRECT.";
129	129	(6) spaces immediately below the printed declaration
130	130	and oath for the parties' signatures; and
131	131	(7) a certificate of the county clerk that the parties
132	132	made the declaration and oath and the place and date it was made.
133	133	SECTION 1.06. Section 3.401, Family Code, is amended by
134	134	adding Subdivision (1) and amending Subdivisions (4) and (5) to
135	135	read as follows:
136	136	(1) "Civil union" means any relationship status other
137	137	than marriage that:
138	138	(A) is intended as an alternative to marriage or
139	139	applies primarily to cohabitating persons; and
140	140	(B) grants to the parties of the relationship
141	141	legal protections, benefits, or responsibilities granted to the
142	142	spouses of a marriage.
143	143	(4) "Marital estate" means one of three estates:
144	144	(A) the community property owned by the spouses
145	145	together and referred to as the community marital estate; or
146	146	(B) the separate property owned individually by
147	147	each spouse [the husband] and referred to as a separate marital
148	148	estate[; or
149	149	[(C) the separate property owned individually by
150	150	the wife, also referred to as a separate marital estate].
151	151	(5) "Spouse" means one of the two individuals who are
152	152	the parties to:
153	153	(A) a marriage; or
154	154	(B) [a husband, who is a man, or a wife, who is a
155	155	woman. A member of] a civil union [or similar relationship] entered
156	156	into in another state [between persons of the same sex is not a
157	157	spouse].
158	158	SECTION 1.07. Section 6.104(b), Family Code, is amended to
159	159	read as follows:
160	160	(b) In exercising its discretion, the court shall consider
161	161	the pertinent facts concerning the welfare of the parties to the
162	162	marriage, including whether a spouse [the female] is pregnant.
163	163	SECTION 1.08. Section 6.202(b), Family Code, is amended to
164	164	read as follows:
165	165	(b) The later marriage that is void under this section
166	166	becomes valid when the prior marriage is dissolved if, after the
167	167	date of the dissolution, the parties have lived together as spouses
168	168	[husband and wife] and represented themselves to others as being
169	169	married.
170	170	SECTION 1.09. Section 6.203, Family Code, is amended to
171	171	read as follows:
172	172	Sec. 6.203. CERTAIN VOID MARRIAGES VALIDATED. Except for a
173	173	marriage that would have been void under Section 6.201, a marriage
174	174	that was entered into before January 1, 1970, in violation of the
175	175	prohibitions of Article 496, Penal Code of Texas, 1925, is
176	176	validated from the date the marriage commenced if the parties
177	177	continued until January 1, 1970, to live together as spouses
178	178	[husband and wife] and to represent themselves to others as being
179	179	married.
180	180	SECTION 1.10. Section 6.704, Family Code, is amended to
181	181	read as follows:
182	182	Sec. 6.704. TESTIMONY OF SPOUSE [HUSBAND OR WIFE]. (a) In
183	183	a suit for dissolution of a marriage, each spouse is a [the husband
184	184	and wife are] competent witness [witnesses] for and against the
185	185	[each] other spouse. A spouse may not be compelled to testify as to
186	186	a matter that will incriminate the spouse.
187	187	(b) If a spouse [the husband or wife] testifies, the court
188	188	or jury trying the case shall determine the credibility of the
189	189	witness and the weight to be given the witness's testimony.
190	190	SECTION 1.11. Chapter 51, Family Code, is amended by adding
191	191	Section 51.015 to read as follows:
192	192	Sec. 51.015. CONSTRUCTION OF GENDER-SPECIFIC TERMINOLOGY.
193	193	When necessary to implement the rights and duties of spouses or
194	194	parents in a marriage between persons of the same sex under the laws
195	195	of this state, gender-specific terminology must be construed in a
196	196	neutral manner to refer to a person of either gender.
197	197	SECTION 1.12. Chapter 101, Family Code, is amended by
198	198	adding Section 101.0012 to read as follows:
199	199	Sec. 101.0012. CONSTRUCTION OF GENDER-SPECIFIC
200	200	TERMINOLOGY. When necessary to implement the rights and duties of
201	201	spouses or parents in a marriage between persons of the same sex
202	202	under the laws of this state, gender-specific terminology must be
203	203	construed in a neutral manner to refer to a person of either gender.
204	204	SECTION 1.13. Section 101.024(a), Family Code, is amended
205	205	to read as follows:
206	206	(a) "Parent" means the mother, a man presumed to be the
207	207	father, an individual [a man] legally determined to be a parent [the
208	208	father], an individual [a man] who has been adjudicated to be a
209	209	parent [the father] by a court of competent jurisdiction, a man who
210	210	has acknowledged his parentage [paternity] under applicable law, or
211	211	an adoptive mother or father. Except as provided by Subsection (b),
212	212	the term does not include a parent as to whom the parent-child
213	213	relationship has been terminated.
214	214	SECTION 1.14. Section 108.009(b), Family Code, is amended
215	215	to read as follows:
216	216	(b) The new certificate may not show that a parent-child
217	217	[the father and child] relationship was established after the
218	218	child's birth but may show the child's actual place and date of
219	219	birth.
220	220	SECTION 1.15. Section 152.310(d), Family Code, is amended
221	221	to read as follows:
222	222	(d) A privilege against disclosure of communications
223	223	between spouses and a defense of immunity based on the relationship
224	224	of spouses [husband and wife] or parent and child may not be invoked
225	225	in a proceeding under this subchapter.
226	226	SECTION 1.16. Section 153.312(b), Family Code, is amended
227	227	to read as follows:
228	228	(b) The following provisions govern possession of the child
229	229	for vacations and certain specific holidays and supersede
230	230	conflicting weekend or Thursday periods of possession. The
231	231	possessory conservator and the managing conservator shall have
232	232	rights of possession of the child as follows:
233	233	(1) the possessory conservator shall have possession
234	234	in even-numbered years, beginning at 6 p.m. on the day the child is
235	235	dismissed from school for the school's spring vacation and ending
236	236	at 6 p.m. on the day before school resumes after that vacation, and
237	237	the managing conservator shall have possession for the same period
238	238	in odd-numbered years;
239	239	(2) if a possessory conservator:
240	240	(A) gives the managing conservator written
241	241	notice by April 1 of each year specifying an extended period or
242	242	periods of summer possession, the possessory conservator shall have
243	243	possession of the child for 30 days beginning not earlier than the
244	244	day after the child's school is dismissed for the summer vacation
245	245	and ending not later than seven days before school resumes at the
246	246	end of the summer vacation, to be exercised in not more than two
247	247	separate periods of at least seven consecutive days each, with each
248	248	period of possession beginning and ending at 6 p.m. on each
249	249	applicable day; or
250	250	(B) does not give the managing conservator
251	251	written notice by April 1 of each year specifying an extended period
252	252	or periods of summer possession, the possessory conservator shall
253	253	have possession of the child for 30 consecutive days beginning at 6
254	254	p.m. on July 1 and ending at 6 p.m. on July 31;
255	255	(3) if the managing conservator gives the possessory
256	256	conservator written notice by April 15 of each year, the managing
257	257	conservator shall have possession of the child on any one weekend
258	258	beginning Friday at 6 p.m. and ending at 6 p.m. on the following
259	259	Sunday during one period of possession by the possessory
260	260	conservator under Subdivision (2), provided that the managing
261	261	conservator picks up the child from the possessory conservator and
262	262	returns the child to that same place; and
263	263	(4) if the managing conservator gives the possessory
264	264	conservator written notice by April 15 of each year or gives the
265	265	possessory conservator 14 days' written notice on or after April 16
266	266	of each year, the managing conservator may designate one weekend
267	267	beginning not earlier than the day after the child's school is
268	268	dismissed for the summer vacation and ending not later than seven
269	269	days before school resumes at the end of the summer vacation, during
270	270	which an otherwise scheduled weekend period of possession by the
271	271	possessory conservator will not take place, provided that the
272	272	weekend designated does not interfere with the possessory
273	273	conservator's period or periods of extended summer possession or
274	274	with Father's Day if the possessory conservator is a [the] father of
275	275	the child who is entitled to possession of the child for Father's
276	276	Day weekend that year.
277	277	SECTION 1.17. Sections 153.313 and 153.314, Family Code,
278	278	are amended to read as follows:
279	279	Sec. 153.313. PARENTS WHO RESIDE OVER 100 MILES APART. If
280	280	the possessory conservator resides more than 100 miles from the
281	281	residence of the child, the possessory conservator shall have the
282	282	right to possession of the child as follows:
283	283	(1) either regular weekend possession beginning on the
284	284	first, third, and fifth Friday as provided under the terms
285	285	applicable to parents who reside 100 miles or less apart or not more
286	286	than one weekend per month of the possessory conservator's choice
287	287	beginning at 6 p.m. on the day school recesses for the weekend and
288	288	ending at 6 p.m. on the day before school resumes after the weekend,
289	289	provided that the possessory conservator gives the managing
290	290	conservator 14 days' written or telephonic notice preceding a
291	291	designated weekend, and provided that the possessory conservator
292	292	elects an option for this alternative period of possession by
293	293	written notice given to the managing conservator within 90 days
294	294	after the parties begin to reside more than 100 miles apart, as
295	295	applicable;
296	296	(2) each year beginning at 6 p.m. on the day the child
297	297	is dismissed from school for the school's spring vacation and
298	298	ending at 6 p.m. on the day before school resumes after that
299	299	vacation;
300	300	(3) if the possessory conservator:
301	301	(A) gives the managing conservator written
302	302	notice by April 1 of each year specifying an extended period or
303	303	periods of summer possession, the possessory conservator shall have
304	304	possession of the child for 42 days beginning not earlier than the
305	305	day after the child's school is dismissed for the summer vacation
306	306	and ending not later than seven days before school resumes at the
307	307	end of the summer vacation, to be exercised in not more than two
308	308	separate periods of at least seven consecutive days each, with each
309	309	period of possession beginning and ending at 6 p.m. on each
310	310	applicable day; or
311	311	(B) does not give the managing conservator
312	312	written notice by April 1 of each year specifying an extended period
313	313	or periods of summer possession, the possessory conservator shall
314	314	have possession of the child for 42 consecutive days beginning at 6
315	315	p.m. on June 15 and ending at 6 p.m. on July 27;
316	316	(4) if the managing conservator gives the possessory
317	317	conservator written notice by April 15 of each year the managing
318	318	conservator shall have possession of the child on one weekend
319	319	beginning Friday at 6 p.m. and ending at 6 p.m. on the following
320	320	Sunday during one period of possession by the possessory
321	321	conservator under Subdivision (3), provided that if a period of
322	322	possession by the possessory conservator exceeds 30 days, the
323	323	managing conservator may have possession of the child under the
324	324	terms of this subdivision on two nonconsecutive weekends during
325	325	that time period, and further provided that the managing
326	326	conservator picks up the child from the possessory conservator and
327	327	returns the child to that same place; and
328	328	(5) if the managing conservator gives the possessory
329	329	conservator written notice by April 15 of each year, the managing
330	330	conservator may designate 21 days beginning not earlier than the
331	331	day after the child's school is dismissed for the summer vacation
332	332	and ending not later than seven days before school resumes at the
333	333	end of the summer vacation, to be exercised in not more than two
334	334	separate periods of at least seven consecutive days each, with each
335	335	period of possession beginning and ending at 6 p.m. on each
336	336	applicable day, during which the possessory conservator may not
337	337	have possession of the child, provided that the period or periods so
338	338	designated do not interfere with the possessory conservator's
339	339	period or periods of extended summer possession or with Father's
340	340	Day if the possessory conservator is a [the] father of the child who
341	341	is entitled to possession of the child for Father's Day weekend that
342	342	year.
343	343	Sec. 153.314. HOLIDAY POSSESSION UNAFFECTED BY DISTANCE
344	344	PARENTS RESIDE APART. The following provisions govern possession
345	345	of the child for certain specific holidays and supersede
346	346	conflicting weekend or Thursday periods of possession without
347	347	regard to the distance the parents reside apart. The possessory
348	348	conservator and the managing conservator shall have rights of
349	349	possession of the child as follows:
350	350	(1) the possessory conservator shall have possession
351	351	of the child in even-numbered years beginning at 6 p.m. on the day
352	352	the child is dismissed from school for the Christmas school
353	353	vacation and ending at noon on December 28, and the managing
354	354	conservator shall have possession for the same period in
355	355	odd-numbered years;
356	356	(2) the possessory conservator shall have possession
357	357	of the child in odd-numbered years beginning at noon on December 28
358	358	and ending at 6 p.m. on the day before school resumes after that
359	359	vacation, and the managing conservator shall have possession for
360	360	the same period in even-numbered years;
361	361	(3) the possessory conservator shall have possession
362	362	of the child in odd-numbered years, beginning at 6 p.m. on the day
363	363	the child is dismissed from school before Thanksgiving and ending
364	364	at 6 p.m. on the following Sunday, and the managing conservator
365	365	shall have possession for the same period in even-numbered years;
366	366	(4) the parent not otherwise entitled under this
367	367	standard possession order to present possession of a child on the
368	368	child's birthday shall have possession of the child beginning at 6
369	369	p.m. and ending at 8 p.m. on that day, provided that the parent
370	370	picks up the child from the residence of the conservator entitled to
371	371	possession and returns the child to that same place;
372	372	(5) if a conservator, the father shall have possession
373	373	of the child beginning at 6 p.m. on the Friday preceding Father's
374	374	Day and ending on Father's Day at 6 p.m., provided that, if he is not
375	375	otherwise entitled under this standard possession order to present
376	376	possession of the child, he picks up the child from the residence of
377	377	the conservator entitled to possession and returns the child to
378	378	that same place, except that if the child has two fathers appointed
379	379	as conservators, the managing conservator shall have possession of
380	380	the child for the period described by this subdivision in
381	381	even-numbered years and the possessory conservator shall have
382	382	possession of the child for that period in odd-numbered years; and
383	383	(6) if a conservator, the mother shall have possession
384	384	of the child beginning at 6 p.m. on the Friday preceding Mother's
385	385	Day and ending on Mother's Day at 6 p.m., provided that, if she is
386	386	not otherwise entitled under this standard possession order to
387	387	present possession of the child, she picks up the child from the
388	388	residence of the conservator entitled to possession and returns the
389	389	child to that same place, except that if the child has two mothers
390	390	appointed as conservators, the managing conservator shall have
391	391	possession of the child for the period described by this
392	392	subdivision in even-numbered years and the possessory conservator
393	393	shall have possession of the child for that period in odd-numbered
394	394	years.
395	395	SECTION 1.18. The following provisions of the Family Code
396	396	are repealed:
397	397	(1) Section 2.001(b); and
398	398	(2) Section 6.204.
399	399	SECTION 1.19. The change in law made by this article to
400	400	Section 108.009(b), Family Code, applies only to a new birth
401	401	certificate for a child born on or after the effective date of this
402	402	Act. A new birth certificate for a child born before that date is
403	403	governed by the law in effect on the date the child was born, and the
404	404	former law is continued in effect for that purpose.
405	405	SECTION 1.20. The changes in law made by this article to
406	406	Sections 153.312(b), 153.313, and 153.314, Family Code, apply only
407	407	to a court order providing for possession of or access to a child
408	408	rendered on or after the effective date of this Act. A court order
409	409	rendered before the effective date of this Act is governed by the
410	410	law in effect on the date the order was rendered, and the former law
411	411	is continued in effect for that purpose.
412	412	ARTICLE 2. HEALTH AND SAFETY CODE PROVISIONS
413	413	SECTION 2.01. Section 85.007(b), Health and Safety Code, is
414	414	amended to read as follows:
415	415	(b) The materials in the education programs intended for
416	416	persons younger than 18 years of age must[:
417	417	[(1)] emphasize sexual abstinence before marriage and
418	418	fidelity in marriage as the expected standard in terms of public
419	419	health and the most effective ways to prevent HIV infection,
420	420	sexually transmitted diseases, and unwanted pregnancies[; and
421	421	[(2) state that homosexual conduct is not an
422	422	acceptable lifestyle and is a criminal offense under Section 21.06,
423	423	Penal Code].
424	424	SECTION 2.02. Section 163.001(a), Health and Safety Code,
425	425	is amended to read as follows:
426	426	(a) The department shall develop a model public health
427	427	education program suitable for school-age children and shall make
428	428	the program available to any person on request. The program should
429	429	emphasize:
430	430	(1) that abstinence from sexual intercourse is the
431	431	most effective protection against unwanted teenage pregnancy,
432	432	sexually transmitted diseases, and acquired immune deficiency
433	433	syndrome (AIDS) when transmitted sexually;
434	434	(2) that abstinence from sexual intercourse outside of
435	435	[lawful] marriage is the expected societal standard for school-age
436	436	unmarried persons; and
437	437	(3) the physical, emotional, and psychological
438	438	dangers of substance abuse, including the risk of acquired immune
439	439	deficiency syndrome (AIDS) through the sharing of needles during
440	440	intravenous drug usage.
441	441	SECTION 2.03. Section 163.002, Health and Safety Code, is
442	442	amended to read as follows:
443	443	Sec. 163.002. INSTRUCTIONAL ELEMENTS. Course materials and
444	444	instruction relating to sexual education or sexually transmitted
445	445	diseases should include:
446	446	(1) an emphasis on sexual abstinence as the only
447	447	completely reliable method of avoiding unwanted teenage pregnancy
448	448	and sexually transmitted diseases;
449	449	(2) an emphasis on the importance of self-control,
450	450	responsibility, and ethical conduct in making decisions relating to
451	451	sexual behavior;
452	452	(3) statistics, based on the latest medical
453	453	information, that indicate the efficacy of the various forms of
454	454	contraception;
455	455	(4) information concerning the laws relating to the
456	456	financial responsibilities associated with pregnancy, childbirth,
457	457	and child rearing;
458	458	(5) information concerning the laws prohibiting
459	459	sexual abuse and the legal and counseling options available to
460	460	victims of sexual abuse;
461	461	(6) information on how to cope with and rebuff
462	462	unwanted physical and verbal sexual advances, as well as the
463	463	importance of avoiding the sexual exploitation of other persons;
464	464	and
465	465	(7) psychologically sound methods of resisting
466	466	unwanted peer pressure[; and
467	467	[(8) emphasis, provided in a factual manner and from a
468	468	public health perspective, that homosexuality is not a lifestyle
469	469	acceptable to the general public and that homosexual conduct is a
470	470	criminal offense under Section 21.06, Penal Code].
471	471	SECTION 2.04. Section 191.0046(b), Health and Safety Code,
472	472	is amended to read as follows:
473	473	(b) The state registrar shall issue without fee a certified
474	474	copy of a record not otherwise prohibited by law to a veteran or to
475	475	the veteran's widow or widower, orphan, or other dependent if the
476	476	copy is for use in settling a claim against the government.
477	477	SECTION 2.05. Section 193.006(a), Health and Safety Code,
478	478	is amended to read as follows:
479	479	(a) This section applies to the death certificate of a
480	480	person who:
481	481	(1) served in a war, campaign, or expedition of the
482	482	United States, the Confederate States of America, or the Republic
483	483	of Texas;
484	484	(2) was the spouse, widower, [wife] or widow of a
485	485	person who served in a war, campaign, or expedition of the United
486	486	States, the Confederate States of America, or the Republic of
487	487	Texas; or
488	488	(3) at the time of death was in the service of the
489	489	United States.
490	490	SECTION 2.06. Section 574.045(d), Health and Safety Code,
491	491	is amended to read as follows:
492	492	(d) A female patient must be accompanied by a female
493	493	attendant unless the patient is accompanied by her father, male
494	494	spouse [husband], or adult brother or son.
495	495	ARTICLE 3. PENAL CODE REPEALER
496	496	SECTION 3.01. Section 21.06, Penal Code, is repealed.
497	497	ARTICLE 4. EFFECTIVE DATE
498	498	SECTION 4.01. This Act takes effect September 1, 2023.