Stonewall Democrats of Dallas
        Texas Legislature, 86th Regular Session (2019)

Stonewall Democrats of Dallas has adopted the following slate of priority legislation for support or opposition. See our legislative strategy for more information on how we monitor and respond to these bills, and click here to track their progress through the legislature.

Support

HB 85 (M. Gonzalez) - relating to the prosecution of the offense of indecency with a child
        a. Summary: This bill would apply this affirmative defense to same-sex couples to protect them from being taken to prison or being forced to register as a sex offender for consensual behavior, as the current law mandates. The affirmative defense that currently exists (“Romeo & Juliet defense”) protects only opposite-sex couples who engage in sexual conduct (that adults may not approve of) from being accused of felony.
        b. Current Status: Reported favorably w/o amendments in Criminal Jurisprudence Comm. with 5 Ayes, 0 Nays, & 4 Absent, 03/25, sent to Calendars (04/05), and placed on General State Calendar for 04/16

SB 114 (Menendez) - relating to the repeal of statutes regarding the criminality/unacceptability of homosexual conduct and the recognition of certain same-sex relationship statuses
        a. Summary: With this bill, “homosexual conduct” would no longer be referred to as “a criminal offense” and the Health and Safety Code would be amended to completely remove the existing emphasis on abstinence and heterosexuality.
        b. Current Status: Referred to State Affairs (02/01)

SB 151 (Rodriguez, Hinojosa, & Whitmire) - relating to the prohibition of certain discrimination based on sexual orientation or gender identity or expression; providing an administrative penalty; creating a criminal offense
        a. Summary: This bill would amend several parts of Code (e.g. Civil Practice & Remedies; Government; Insurance; Labor; Property; etc.) to add “sexual orientation or gender identity or expression” with respect to discriminatory practice.
        b. Current Status: Referred to State Affairs (02/01)

SB 153 (Rodriguez) - relating to certain statutory changes to reflect and address same-sex marriages and parenting relationships and the removal of provisions regarding the criminality/unacceptability of homosexual conduct
        a. Summary: This bill would remove gender specific language, replacing it with gender neutral language; defining civil union; and removing language that solely promotes abstinence and heterosexuality.
        b. Current Status: Referred to State Affairs (02/01)

HB 244 (Farrar & Cole) - relating to the prohibition of certain discrimination based on sexual orientation or gender identity or expression; providing an administrative penalty; creating a criminal offense
        a. Summary: The House companion to SB 151 (Rodriguez, Hinojosa, & Whitmire).
        b. Current Status: Scheduled for public hearing on 04/17/19 in State Affairs at 10:30am or upon final adjournment/recess or bill referral if permission is granted

HB 517 (Israel, J. Gonzalez, Julie Johnson, & Zwiener) - relating to unprofessional conduct by mental health providers who attempt to change the sexual orientation of a child; providing penalties
        a. Summary: The language in this bill clearly defines (1) a “child” as younger than 18 years of age; (2) 11 definitions of a mental health provider; and (3) explicitly defines “unprofessional conduct” in regards to “a child undergoing gender transition in accordance with established standards of care.”
        b. Current Status: Referred to Public Health (02/20)

HB 762 (Wu) - relating to HIV & AIDS and to health benefit coverage of HIV & AIDS tests
        a. Summary: With this bill, HIV & AIDS testing would now be available in annual medical screenings/check-ups, requiring physicians to provide HIV & AIDS testing in medical examinations; the individual would have the ability to opt-out, should they choose to.
        b. Current Status: Public hearing in Insurance; left pending in committee (03/05)

HB 2462 (Hernandez) - relating to prohibited non-consensual genital surgery on certain minors with intersex traits
        a. Summary: This bill would amend the Family Code to prohibit “medical procedure or treatment related to an intersex trait” if it is not voluntary by the child, defined as under the age of 18, with special allowances in the case of potential bodily harm/health risks. The consent would have to be in writing and includes a specifically defined statement. In the case of medical procedures, the child must also have an attorney present as a designated third party.
        b. Current Status: Referred to Public Health (03/11)

HB 3719 (Gonzalez of El Paso) - relating to human sexuality education in public schools
        a. Summary: With this bill, human sexuality education curriculum would “include affirming information regarding gender identity, gender expression, and sexual orientation.” Please note that the curriculum would still promote abstinence as the primary and “preferred choice of behavior...to all sexual activity for unmarried persons of school age.”
        b. Current Status: Referred to Public Education (03/19)

SJR 9 (Rodriguez, Hinojosa, & Whitmire) - proposing a constitutional amendment to repeal the constitutional provision providing that marriage in this state consists only of the union of one man and one woman and prohibiting this state or a political subdivision of this state from creating or recognizing any legal status identical or similar to marriage
        a. Current Status: Referred to State Affairs (02/07)

Oppose

SB 17 (Perry) - relating to discrimination by a state agency against an applicant for or holder of an occupational license
        a. Summary: This bill would prohibit a state agency from adopting a rule, regulation, policy, or a penalty that limits or burdens an applicant or license holder from obtaining/renewing a license simply based on one’s sincerely held religious belief.
        b. Current Status: Passed the Senate floor (04/03), received from the House, & referred to State Affairs (04/04)

SB 444 (Perry, Birdwell, & Hughes) - relating to discrimination by a state agency against an applicant for or holder of an occupational license
        a. Summary: This bill would amend the Occupations Code to protect one’s denial of obtaining, maintaining, or renewing a license based on the employee’s sincerely held religious beliefs; similar to SB 17 (Perry).
        b. Current Status: Referred to Business & Commerce (02/14)

SB 1009 (Birdwell) - relating to the right of recusal from the performance of certain marriage ceremonies
        a. Summary: This bill would amend the Family Code to protect someone from refusing a marriage simply based on the person’s sincerely held religious beliefs.
        b. Current Status: Referred to State Affairs (03/01)

HB 1035 (Zedler) - relating to protecting freedom of conscience from government discrimination
        a. Summary: Simply, an all-inclusive discrimination bill. More specifically, this bill proposes amending the Civil Practice & Remedies Code, defining “sincerely held religious beliefs or moral convictions,” as (1) marriage between one man and one woman; (2) the terms “male,” “man,” “female,” “woman” referring only to an individual’s “immutable biological sex...objectively determined by anatomy & genetics at the time of birth,” would be extensively protected across various sectors. Governmental entities would be prohibited from disciplinary action against: religious organizations; treatment, counseling, etc. in regards to sex reassignment/gender identity transitioning; marriage-related goods & services; employee & student policies (this is where access to restrooms/locker rooms is directly addressed); governmental employee speech or conduct (ambiguously defined in a way that would be subjective, rather than objective); recusal from marriage licensing; recusal from marriage performance; and accreditation, licensing & certification.
        b. Current Status: Scheduled for public hearing on 04/17/19 in State Affairs at 10:30am or upon final adjournment/recess or bill referral if permission is granted

SB 1107 (Kolkhorst) - relating to the right of conscientious refusal of a health care service
        a. Summary: This bill would amend the Health & Safety Code to permit an individual’s refusal to “receive, obtain, perform, assist in performing; give advice regarding, suggest, recommend, refer, or participate in a health care service that is contrary to the individual’s conscience.” “Conscience” is thus defined, at length, to cover any personal belief or “moral convictions” directly linked to religion and “moral philosophy.”
        b. Current Status: Referred to Health & Human Services (03/07)

HB 1910 (Dean) - relating to consideration of a child’s gender identity or expression in suits affecting the parent-child relationship and other proceedings involving children
        a. Summary: Essentially, in determining whether to appoint a party as a sole/joint managing conservator of a child, the court may not consider the parent’s view of acknowledging or declining to acknowledge the child’s gender identity or expression. This is particularly disconcerting as it opens up the ability for an unwelcoming/un-affirming parent to gain custody of the child, further opening the avenues into homelessness, conversion therapy, etc.
        b. Current Status: Public hearing in Juvenile Justice & Family Issues; left pending in committee (04/03)

HB 2892 (Oliverson) - relating to the right of conscientious refusal of a health care service
        a. Summary: This bill would amend the Health & Safety Code to protect one’s “set of moral convictions” as the foundation of the “refusal to receive, obtain, perform, assist in performing, give advice regarding, suggest, recommend, refer, or participate in a health care service that is contrary to the individual’s conscience.”
        b. Current Status: Referred to Public Health (03/12)

HB 3172 (Krause) - relating to the protection of religious beliefs and moral convictions, including beliefs and convictions regarding marriage
        a. Summary: This bill would amend Title 10, Government Code to prohibit any disciplinary action against any employee or contractor of a governmental agency or an individual, medical, or residential health care facility who acts in accordance with their “sincerely held religious belief or conviction, including beliefs or convictions regarding marriage.” Adverse action (defined explicitly in Sec. 2400.001, 1) against the individual/institution is prohibited and relief is available for the individual/institution in the case of a violation.
        b. Current Status: Scheduled for public hearing on 04/17/19 in State Affairs at 10:30am or upon final adjournment/recess or bill referral if permission is granted

Political advertisement by Stonewall Democrats of Dallas PAC, Soraya Colli treasurer, P.O. Box 192305 Dallas, TX 75219

Powered by Wild Apricot Membership Software