House panel hears bills to remove ‘homosexual conduct’ law, add trans hate crimes protections

Daniel Williams

By DANIEL WILLIAMS | Legislative Queery

Four bills that would improve the lives of LGBT Texans were heard by the House Criminal Jurisprudence Committee on Tuesday. The Committee is responsible for making recommendations to the state House of Representatives on bills that effect the Texas Penal Code. The first step in that process is to hold a public hearing. Any member of the public may testify for, or against, a bill during the hearing.

The first bill, House Bill 1909 by Rep. Garnet Coleman, D-Houston, amends the state’s law against “indecency with a child” to provide LGBT teens with the same protections as straight teens. Currently, the law contains a provisions that allows consensual sexual contact between a person under the age of 17 and a person who is no more than three years older. Dubbed the “Romeo and Juliet” rule, the exception recognizes that teenagers engage in sexual behavior with their boyfriends/girlfriends and that prosecuting “heavy petting” by high school sweethearts serves no purpose.

However, there’s a catch! When the Romeo and Juliet rule was created in 1973, “homosexual conduct” was still an enforceable crime in Texas. The authors of the exception were very careful that it only apply to couples “of the opposite sex.” Coleman’s bill removes the opposite sex requirement to give “Juliet & Juliet” the same protections as their straight contemporaries. Dennis Coleman, executive director of Equality Texas, testified in favor of the bill. There was no opposition.

Next, the committee heard House Bill 2227, also by Coleman. Texas law allows prosecutors to seek tougher sentences for crimes committed due to the perpetrator’s bias against people with specific attributes, including “race, color, disability, religion, national origin or ancestry, age, gender, or sexual preference.” HB 2227 would add “gender identity and expression” to that list.

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