| 1 | 1 | | 88R1406 MCF-D |
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| 2 | 2 | | By: Whitmire S.B. No. 2046 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the repeal of the criminal offense of homosexual |
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| 8 | 8 | | conduct. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 21.06, Penal Code, is repealed. |
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| 11 | 11 | | SECTION 2. Section 85.007(b), Health and Safety Code, is |
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| 12 | 12 | | amended to read as follows: |
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| 13 | 13 | | (b) The materials in the education programs intended for |
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| 14 | 14 | | persons younger than 18 years of age must[: |
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| 15 | 15 | | [(1)] emphasize sexual abstinence before marriage and |
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| 16 | 16 | | fidelity in marriage as the expected standard in terms of public |
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| 17 | 17 | | health and the most effective ways to prevent HIV infection, |
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| 18 | 18 | | sexually transmitted diseases, and unwanted pregnancies[; and |
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| 19 | 19 | | [(2) state that homosexual conduct is not an |
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| 20 | 20 | | acceptable lifestyle and is a criminal offense under Section 21.06, |
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| 21 | 21 | | Penal Code]. |
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| 22 | 22 | | SECTION 3. Section 163.002, Health and Safety Code, is |
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| 23 | 23 | | amended to read as follows: |
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| 24 | 24 | | Sec. 163.002. INSTRUCTIONAL ELEMENTS. Course materials and |
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| 25 | 25 | | instruction relating to sexual education or sexually transmitted |
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| 26 | 26 | | diseases should include: |
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| 27 | 27 | | (1) an emphasis on sexual abstinence as the only |
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| 28 | 28 | | completely reliable method of avoiding unwanted teenage pregnancy |
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| 29 | 29 | | and sexually transmitted diseases; |
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| 30 | 30 | | (2) an emphasis on the importance of self-control, |
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| 31 | 31 | | responsibility, and ethical conduct in making decisions relating to |
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| 32 | 32 | | sexual behavior; |
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| 33 | 33 | | (3) statistics, based on the latest medical |
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| 34 | 34 | | information, that indicate the efficacy of the various forms of |
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| 35 | 35 | | contraception; |
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| 36 | 36 | | (4) information concerning the laws relating to the |
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| 37 | 37 | | financial responsibilities associated with pregnancy, childbirth, |
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| 38 | 38 | | and child rearing; |
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| 39 | 39 | | (5) information concerning the laws prohibiting |
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| 40 | 40 | | sexual abuse and the legal and counseling options available to |
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| 41 | 41 | | victims of sexual abuse; |
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| 42 | 42 | | (6) information on how to cope with and rebuff |
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| 43 | 43 | | unwanted physical and verbal sexual advances, as well as the |
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| 44 | 44 | | importance of avoiding the sexual exploitation of other persons; |
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| 45 | 45 | | and |
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| 46 | 46 | | (7) psychologically sound methods of resisting |
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| 47 | 47 | | unwanted peer pressure[; and |
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| 48 | 48 | | [(8) emphasis, provided in a factual manner and from a |
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| 49 | 49 | | public health perspective, that homosexuality is not a lifestyle |
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| 50 | 50 | | acceptable to the general public and that homosexual conduct is a |
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| 51 | 51 | | criminal offense under Section 21.06, Penal Code]. |
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| 52 | 52 | | SECTION 4. This Act takes effect immediately if it receives |
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| 53 | 53 | | a vote of two-thirds of all the members elected to each house, as |
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| 54 | 54 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 55 | 55 | | Act does not receive the vote necessary for immediate effect, this |
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| 56 | 56 | | Act takes effect September 1, 2023. |
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