Texas HIV laws are scattered across the state’s health code, general criminal statutes, and federal civil rights protections rather than gathered into a single act. There is no Texas statute that specifically criminalizes HIV exposure, but prosecutors have used assault and deadly-weapon laws to bring felony charges against people who did not disclose their status before sexual contact. The state also sets detailed rules on testing consent, prenatal screening, and the confidentiality of results, backed by civil penalties when those rules are broken. Federal law fills in most of the protections against discrimination in jobs, housing, healthcare, and licensing.
Criminal Exposure Through Assault Laws
Texas does not have a dedicated statute requiring disclosure to sexual partners. What it has is a prosecutorial approach: if you know you are HIV-positive and have sexual contact without telling your partner, you can be charged under the state’s general assault laws. Prosecutors have brought sexual assault and aggravated assault cases on this theory, treating non-disclosure as negating the partner’s consent or treating the sexual contact itself as an assaultive act.
The more serious path is the deadly-weapon finding. Texas appellate courts have held that HIV-positive seminal fluid qualifies as a deadly weapon because it is capable of causing death or serious bodily injury during unprotected sexual contact. When bodily fluids are classified this way, a charge that would otherwise sit at the second-degree level can climb, and it can also restrict parole eligibility.
Aggravated sexual assault involving a deadly weapon is a first-degree felony, punishable by 5 to 99 years or life in prison and a fine up to $10,000.1State of Texas. Texas Penal Code 12.32 – First Degree Felony Punishment Aggravated assault without those triggers is a second-degree felony, carrying 2 to 20 years and up to a $10,000 fine.2State of Texas. Texas Penal Code Chapter 22 – Assaultive Offenses Those are steep exposures for conduct that, depending on the medical facts, may have posed no actual transmission risk.
Where Undetectable Viral Load Fits
The science has moved. The CDC has endorsed the principle known as U=U, confirming that a person with an undetectable viral load (below 200 copies per milliliter) has zero risk of sexually transmitting the virus.3Centers for Disease Control and Prevention. Implementing and Scaling Up U=U – A Comprehensive Resource Guide The World Health Organization takes the same position.
Texas law has not caught up. No statute explicitly provides a defense or immunity based on viral suppression, condom use, or actual transmission risk. A person with a fully suppressed viral load who has protected sex without disclosing could still face aggravated assault charges if a prosecutor decides to pursue the case. Courts have sometimes considered viral load as a factor, but nothing in the Penal Code requires them to.
Consent Required Before an HIV Test
Under Health and Safety Code Section 81.105, no one may perform a test designed to identify HIV or its antibodies without first getting consent from the person being tested.4State of Texas. Texas Health and Safety Code 81105 – Informed Consent A separate written form is not required. If the provider explains the test and documents consent in the medical record, verbal consent is enough. That means HIV testing can be folded into routine care, and general consent to treatment can cover it, as long as the patient is told HIV testing is part of the workup.
Prenatal Testing
Pregnant women face a structured schedule. Texas law requires the attending provider to test for HIV at the first prenatal visit and again in the third trimester, no earlier than the 28th week.5State of Texas. Texas Health and Safety Code 81090 – Diagnostic Testing During Pregnancy and After Birth If no third-trimester result is in the mother’s records at delivery, the hospital must test and instruct the lab to return results within six hours. If testing still has not happened before delivery, the physician responsible for the newborn must order it. The layered requirements are aimed at preventing mother-to-child transmission, where early detection allows treatment that sharply reduces risk.
Court-Ordered Testing After Indictment
A person indicted for certain sexual offenses must undergo HIV testing if the victim requests it. Under Article 21.31 of the Code of Criminal Procedure, the court can order the test within 48 hours of indictment for offenses including sexual assault, aggravated sexual assault, continuous sexual abuse of a young child or disabled individual, and indecency with a child.6State of Texas. Texas Code of Criminal Procedure Article 21.31 – Testing for AIDS and Certain Other Diseases If the defendant refuses, the court can compel it. Results go to the local health authority, who then notifies the victim and the defendant. The statute prohibits prosecutors from using the test or its results in the criminal proceeding arising from the alleged offense.
Confidentiality of Test Results
Texas treats HIV results as confidential with unusual specificity. Section 81.103 of the Health and Safety Code states that a test result is confidential, and anyone who possesses or knows a result may not release it except through a short list of authorized channels.7State of Texas. Texas Health and Safety Code 81103 – Confidentiality Criminal Penalty Those channels include the state health department, local health authorities, the CDC when federal reporting requires it, the ordering physician, healthcare personnel with a legitimate clinical need, and the person tested or their legal representative. A positive result may be released to the spouse of the person tested. Every other disclosure needs a written, signed authorization naming who can receive the information.
General disease surveillance records get a second layer under Section 81.046, which prevents public health officers and employees from being compelled to testify about a person’s records in court without that person’s consent.8State of Texas. Texas Health and Safety Code 81046 – Reports, Records, and Information When HIV-related data is shared for contact tracing, identifying details must be minimized, and tracing personnel cannot publicly name individuals when notifying potential exposures.
What You Can Recover for an Unauthorized Disclosure
Under Section 81.104, a person who negligently releases an HIV test result is liable for actual damages, a civil penalty of up to $5,000, plus court costs and attorney’s fees. Willful disclosure raises the civil penalty to between $5,000 and $10,000 per violation, on top of actual damages and fees.9State of Texas. Texas Health and Safety Code 81104 – Injunction Civil Liability Each separate disclosure counts as its own offense, so a pattern of unauthorized sharing compounds quickly. A defendant in a civil action for unauthorized disclosure cannot claim privilege as a defense. If the discloser is a healthcare provider, insurer, or other HIPAA-covered entity, a complaint can also go to the HHS Office for Civil Rights, which must be filed within 180 days of the alleged violation.
Protections at Work, in Housing, and in Care
Federal law does most of the anti-discrimination work. Under the Americans with Disabilities Act, people living with HIV have a recognized disability because HIV substantially limits immune system function, regardless of symptoms.10U.S. Department of Justice Civil Rights Division. Questions and Answers – The Americans with Disabilities Act and Persons with HIV/AIDS Employers with 15 or more employees cannot fire, refuse to hire, demote, or otherwise discriminate based on HIV status. That protection reaches applications, assignments, training, promotions, wages, and benefits. An employer cannot refuse to hire a qualified person on speculation about future illness or insurance costs.
The ADA also entitles employees to reasonable accommodations: flexible scheduling for medical appointments, additional breaks for rest or medication, remote work during treatment periods, ergonomic adjustments, and unpaid leave for recuperation.11U.S. Equal Employment Opportunity Commission. Helping Patients with HIV Infection Who Need Accommodations at Work If an employee can no longer perform their current role, the employer may need to reassign them to a vacant position they can handle.
When an employee voluntarily discloses HIV status, that information becomes a confidential medical record under the ADA. Employers can share it only with supervisors and managers who need to know about restrictions or accommodations, first aid and safety personnel when relevant, and government officials investigating ADA compliance.12U.S. Equal Employment Opportunity Commission. Enforcement Guidance on Disability-Related Inquiries and Medical Examinations of Employees Under the ADA Employers outside the medical field generally cannot require disclosure.
If you experience discrimination, you have 180 days from the date it happened to file a charge with the Equal Employment Opportunity Commission. In Texas, because the Texas Workforce Commission Civil Rights Division also enforces employment discrimination law, that deadline extends to 300 days.13U.S. Equal Employment Opportunity Commission. Time Limits for Filing a Charge Missing the deadline can bar the claim entirely, so acting quickly matters more than assembling a perfect case up front.
Housing
The federal Fair Housing Act prohibits housing discrimination based on disability, and HIV is included in its definition of physical impairment.14Department of Justice. The Fair Housing Act Landlords, real estate companies, banks, and insurers cannot refuse to rent or sell, impose different lease terms, or deny reasonable accommodations because of HIV status. Complaints go to the U.S. Department of Housing and Urban Development.
Healthcare
Providers cannot refuse treatment based on HIV status under the ADA, Section 504 of the Rehabilitation Act, and Section 1557 of the Affordable Care Act.15HIV.gov. Civil Rights The protection covers hospitals, clinics, dental offices, drug treatment centers, nursing homes, and social service agencies. Denying or delaying care solely because a patient has HIV is discrimination. Section 1557 also bars insurers receiving federal funds from designing benefits that discourage enrollment by people with HIV, including discriminatory drug formulary placement and excessive prior-authorization hurdles for HIV medications.
Professional Licensing
State licensing boards and trade schools are covered by Titles II and III of the ADA, so they cannot deny an occupational license or admission to a training program based on HIV status.16U.S. Department of Health and Human Services. Questions and Answers – The ADA and the Rights of Persons with HIV/AIDS to Obtain Occupational Training and State Licensing A licensing entity can only exclude someone with HIV if they pose a “direct threat” that cannot be reduced through reasonable modifications, and that determination must rest on an individualized assessment using current medical evidence. Because HIV is not transmitted through casual contact, occupations like cosmetology, barbering, massage therapy, and home healthcare rarely present a legitimate direct-threat scenario. Blanket exclusions violate the ADA.
Disability Benefits and Drug Assistance
People living with HIV may qualify for Social Security disability benefits under Listing 14.11. The listing covers specific complications, including CD4 counts at or below 50 cells per cubic millimeter, CD4 counts below 200 combined with low BMI or anemia, progressive multifocal leukoencephalopathy, pulmonary Kaposi sarcoma, and HIV complications requiring at least three hospitalizations of 48 hours or more within a 12-month period.17Social Security Administration. Listing of Impairments – Adult Listings 14.00 Immune System Disorders People whose condition doesn’t meet a specific listing can still qualify by showing that HIV, its symptoms, and treatment side effects prevent them from sustaining substantial gainful activity.
The federal Ryan White HIV/AIDS Program is the safety net for people who lack sufficient insurance or income to cover care. The program’s AIDS Drug Assistance Programs help cover antiretroviral medications. Income thresholds vary by state; some set the ceiling at 400% of the federal poverty level, though budget pressures have led some to consider reductions. Texas residents can reach the state’s ADAP administrator through the Department of State Health Services to check current eligibility and apply.