I live in Fort Worth. Tim Curry, Tarrant County DA, would never prosecute a gay for consensual sex. Under any circumstances.
I have two sons who are cops in Dallas. The department policy is to ignore calls against homosexuals, unless they are in a public place.
Well, that's not an unreasonable policy. What are they going to do? Go get a search warrant and bang the door down 40 minutes later?
Or are they going to knock on the door? and see if they answer it while still performing the act?
At least they are going after the public acts.