Texas Bill Would Repeal Ban on Gay Sex

Texas Representative Venton Jones introduced House Bill 653 to repeal a 1973 law criminalizing homosexual conduct, with a companion bill filed in the Senate.

Updated on Nov. 14, 2026 in Sex Crimes

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Should Texas repeal its remaining ban on gay sex from state law?

Texas Representative Venton Jones (D-Dallas) introduced House Bill 653 to repeal Section 21.06 of the Texas Penal Code, which bans homosexual conduct as a Class C misdemeanor. Sen. José Menéndez (D-San Antonio) introduced a companion bill in the Texas Senate.

Why it matters

Section 21.06 was signed into law in 1973 and was declared unconstitutional by Lawrence v. Texas in 2003, but it remains on the books. The bill would remove the language entirely while keeping a statement that homosexual conduct is not an acceptable lifestyle, and a similar measure previously passed the House but died in the Senate.

House Bill 653 has been introduced but not yet voted on, and the Texas House is expected to take it up when lawmakers reconvene on January 12, 2027. The Senate companion bill faces a chamber where Republicans hold a 19-12 majority.

The players

Venton Jones

Venton Jones is a Democratic member of the Texas House of Representatives representing Dallas, who introduced House Bill 653 to repeal the state's ban on homosexual conduct.

José Menéndez

José Menéndez is a Democratic member of the Texas Senate representing San Antonio, who introduced the Senate companion bill to repeal Section 21.06.

The details

House Bill 653 would repeal Section 21.06 completely and amend the Texas Health and Safety Code to state that gay sex is not a criminal offense. The bill would retain language stating that homosexual conduct is not an acceptable lifestyle.

1973: Section 21.06 is signed into law.
2003: Lawrence v. Texas declares Section 21.06 unconstitutional.
2025: A similar bill passes the Texas House but dies in the Texas Senate.
January 12, 2027: Lawmakers reconvene, and a House vote could be held.

Legal Context

The bill follows Lawrence v. Texas, the 2003 U.S. Supreme Court decision that struck down Section 21.06, leaving the statute unenforceable while still on the books. Repealing it would formally align Texas law with that ruling.

If passed, the bill would remove the criminal penalty for same-sex sexual conduct in Texas, though the statute's language describing such conduct as unacceptable would remain. The law would not take effect until it clears both chambers and is signed by the governor.

The takeaway

The bill would bring Texas statute in line with the 2003 Lawrence v. Texas ruling, but the retained language shows that the legislative debate over the measure is not settled. Readers can track the House vote when lawmakers return in January 2027.

What happens next

House Bill 653 is expected to receive a House vote when lawmakers reconvene on January 12, 2027, and whichever bill passes both chambers first will go to Governor Gina Hinojosa for signing.