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HB 1738Passed

Relating to the repeal of the offense of homosexual conduct.

89(R) · Regular SessionTexas HouseLast action May 19, 2025

Bill overview

Relating to the repeal of the offense of homosexual conduct.

Reference notes

HB 1738 sources, status methodology and verification

Sources

Methodology

KeepTXRed treats the official legislative record and latest official action as the factual status layer for HB 1738. Status labels are normalized for browsing, while the legislative timeline and documents preserve official action text and source links. Any KeepTXRed explanation below is editorial context and remains separate from the official record.

Last verified

Legislative record synchronized September 1, 2026 at 5:25 AM UTC; latest recorded official action May 19, 2025.

Bill → law → agency context

This relationship layer distinguishes what the normalized official record can prove from what it cannot. Enactment and effective dates come from the bill record. Agency names below are shown only when an official fiscal document supplies a verified agency reference; being cited in a fiscal note does not by itself prove that the agency administers the resulting law.

Bill → law status

HB 1738 is not recorded as enacted

Current status
Passed

Official fiscal-note agency context

No verified agency references are available from the latest parsed official fiscal material. KeepTXRed does not infer an administering agency from the bill topic or title.

KeepTXRed explanation

This reviewed explanation is separate from the official bill record and is provided for general information, not legal advice.

KeepTXRed summary

HB 1738 was a House-passed proposal to repeal Texas Penal Code Section 21.06, the statute criminalizing so-called homosexual conduct that the U.S. Supreme Court held unconstitutional in Lawrence v. Texas in 2003. The Senate did not pass the bill, so the obsolete statute was not repealed through HB 1738.

What would change

The proposal would have removed Penal Code Section 21.06 and made conforming changes in other statutes that still referenced the provision.

Who may be affected

LGBTQ Texans, attorneys and courts, public-health programs, state agencies, and anyone relying on an accurate Texas statutory code.

When it would take effect

HB 1738 did not take effect. The House passed the bill and sent it to the Senate, but the Senate did not pass it before adjournment.

Limits and uncertainty

The U.S. Supreme Court already made Section 21.06 unenforceable as a criminal prohibition in Lawrence v. Texas. HB 1738 concerned removal of the obsolete language from state statute; its failure did not restore constitutional enforceability.

Editorial sources and review notes

Official House text, TLO analysis, and stages reviewed. House passed; Senate received but did not pass.

Editorial explanation reviewed 9/6/2026.

Current status

Passed

Received from the House

Latest official action

Received from the House

May 19, 2025 · house

Who this bill may affect

A verified audience or subject classification has not been attached to this bill yet.

Use the bill overview and official documents to determine whether the proposal may apply to you, your business, or a public agency.

Sponsors

Committee history

  1. Criminal Jurisprudence

    Out of committee

Legislative timeline

  1. Received from the House

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  2. Reported engrossed

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  3. Statement(s) of vote recorded in Journal

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  4. Record vote

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  5. Passed

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  6. Read 3rd time

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  7. Statement(s) of vote recorded in Journal

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  8. Record vote

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  9. Passed to engrossment

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  10. Read 2nd time

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  11. Placed on General State Calendar

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  12. Considered in Calendars

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  13. Committee report sent to Calendars

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  14. Committee report distributed

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  15. Comte report filed with Committee Coordinator

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  16. Reported favorably w/o amendment(s)

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  17. Considered in formal meeting

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  18. Left pending in committee

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  19. Testimony taken/registration(s) recorded in committee

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  20. Considered in public hearing

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  21. Scheduled for public hearing on . . .

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  22. Referred to Criminal Jurisprudence

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  23. Read first time

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  24. Filed

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Official bill text

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Related articles

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