HBA-ALS, MAJ H.B. 337 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 337 By: Danburg Criminal Jurisprudence 3/1/1999 Introduced BACKGROUND AND PURPOSE Under current law, a person commits a Class C misdemeanor if the person engages in deviate sexual intercourse with another individual of the same sex. In 1993, a district court decision finding this law to be unconstitutional was affirmed by the Third Court of Appeals of Texas (City of Dallas v. England, 846 S.W.2d 957). The purpose of this bill is to prevent further litigation relating to the constitutionality of this law. H.B. 337 repeals Section 21.06 of the Texas Penal Code so that deviate sexual intercourse with an individual of the same sex is no longer a criminal offense. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Repealer: Section 21.06, Penal Code (Homosexual Conduct). Section 21.06 provides that a person commits an offense (Class C misdemeanor) if he engages in deviate sexual intercourse with another individual of the same sex. SECTION 2. Makes application of this Act prospective. Specifies that a criminal action pending on the effective date of this Act for an offense under Section 21.06, is dismissed on that date. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause.