HB 1738 Texas House · 89th Legislature (2025)

Relating to the repeal of the offense of homosexual conduct.

HB 1738 repeals the criminal penalty for homosexual conduct (previously codified in Section 21.06 of the Penal Code). It simultaneously amends health education requirements in Texas schools to mandate that materials for minors include the statement that "homosexual conduct is not an acceptable lifestyle," while incorrectly referencing the repealed law. The bill affects public school health curricula for students under 18, requiring this specific language to be included in sexual education programs. The legislation passed the Texas legislature on May 16, 2025, and would take effect immediately if approved by a two-thirds vote or September 1, 2025, otherwise.
Bill status passed 3 of 5 stages cleared
Introduction
Mar 2025
Committee Review
May 2025
House Passage
May 2025
Senate Passage
Governor
Introduced Mar 14, 2025 Last action May 19, 2025
Maddy AI version diff · 1 comparison

What changed between versions

Introduced Engrossed · 3 edits · May 16, 2025
MINOR
This bill removes the offense of homosexual conduct from the Texas Penal Code and updates health education requirements to include information about homosexual conduct as a criminal offense. The changes affect how sexual health education is taught in Texas schools and the legal status of homosexual conduct in the state.
Scope change
The bill expands the scope of sexual health education requirements to include information about homosexual conduct being a criminal offense, while simultaneously removing the criminal penalty for homosexual conduct.
ENFORCEMENT

Section 21.06 of the Penal Code, which criminalized homosexual conduct, is repealed.

REQUIREMENT

Health education materials for persons under 18 must now state that homosexual conduct is not an acceptable lifestyle and is a criminal offense under Section 21.06.

Section 163.002 of the Health and Safety Code was amended to include the same requirement about homosexual conduct in sexual education materials.

Floor votes · House May 15, 2025

How they voted

7055
Passed · 20 other
Total votes 145
May 15, 2025
D Democratic60
57 Yea 1 Nay 2
95% Yea
R Republican85
13 Yea 54 Nay 18
63% Nay
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
23
Key actions
7
Committee
6
May 19, 2025
Introduced
Received from the House
upper
May 16, 2025
Lower · Passed
Passed
lower
May 15, 2025
Lower · Passed
Passed to engrossment
lower
May 10, 2025
Lower · Passed
Committee report sent to Calendars
lower
May 9, 2025
Lower · Passed
Committee report distributed
lower
May 6, 2025
Lower · Passed
Reported favorably w/o amendment(s)
lower
Apr 8, 2025
Lower · Passed
Left pending in committee
lower
Apr 8, 2025
Lower · Passed
Testimony taken/registration(s) recorded in committee
lower
Mar 14, 2025
Committee
Referred to Criminal Jurisprudence
lower
Mar 14, 2025
Introduced
Read first time
lower
4 primary · 55 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Brian Harrison
Brian Harrison
RRepublican
TX
10
P
Photo of Dade Phelan
Dade Phelan
RRepublican
TX
21
P
Photo of Joe Moody
Joe Moody
DDemocratic
TX
78
P
Photo of Venton Jones
Venton Jones
DDemocratic
TX
100
Co
Photo of Aicha Davis
Aicha Davis
DDemocratic
TX
109
Co
Photo of Alma Allen
Alma Allen
DDemocratic
TX
131
Co
Photo of Ana Hernandez
Ana Hernandez
DDemocratic
TX
143
Co
Photo of Armando Walle
Armando Walle
DDemocratic
TX
140
Co
Photo of Barbara Gervin-Hawkins
Barbara Gervin-Hawkins
DDemocratic
TX
120
Co
Photo of Bobby Guerra
Bobby Guerra
DDemocratic
TX
41
Co
Photo of Cas Garcia Hernandez
Cas Garcia Hernandez
DDemocratic
TX
115
Co
Photo of Charlene Ward Johnson
Charlene Ward Johnson
DDemocratic
TX
139
Co
Photo of Chris Turner
Chris Turner
DDemocratic
TX
101
Co
Photo of Christian Manuel
Christian Manuel
DDemocratic
TX
22