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.