See Tex. Gov't Code § 312.003(c), which "applies to the construction of all civil statutes": "The masculine gender includes the feminine and neuter genders."  If for some reason this (very common) rule of construction didn't apply to the prostitution statute, there'd be a pretty good basis to challenge it under the Equal Protection Clause of the Fourteenth Amendment.  That's because it makes a classification based on sex, which is subject to intermediate (heightened) scrutiny.

-- Modified on 1/24/2014 8:26:31 AM

So I got this slightly wrong.  Tex. Gov't Code § 312.003(c) does NOT apply to the Texas prostitution statute (or the Texas Penal Code generally).  Tex. Gov't Code § 311.012(c), however, DOES apply to the Texas prostitution statute (and the Texas Penal Code generally).  This section basically provides the same rule of construction: "Words of one gender include the other genders."

You can see which sections of the Texas rules of construction are applied to the Texas Penal Code in Tex. Penal Code § 1.05(b) ("Unless a different construction is required by the context, Sections 311.011, 311.012, 311.014, 311.015, and 311.021 through 311.032 of Chapter 311, Government Code (Code Construction Act), apply to the construction of this code.").

So, in short, the Texas prostitution statute doesn't distinguish between the genders of the actors.  It applies to any individual buying or selling sex to another individual, regardless of either individual's gender.