Texas House Bill HB4129

Texas 2023 - 88th Regular

• Filed: 3/8/23

Caption

Relating to prohibiting certain erotic performances; creating a criminal offense; authorizing a civil penalty.

Impact

The potential impact of HB 4129 is significant, as it seeks to modify existing statutes related to local government and business regulations concerning sexual-oriented activities. By expanding the definitions and imposing strict penalties, the bill would directly affect how sexually oriented businesses operate within the state, particularly regarding performances that would historically be permitted. Under the proposed legislation, such businesses may face serious legal consequences for allowing erotic performances, especially in the presence of minors, which would drastically change the regulatory landscape for adult entertainment venues across Texas.

Summary

House Bill 4129 aims to prohibit certain erotic performances, creating specific criminal offenses and civil penalties for violations. The bill defines 'erotic performance' broadly to include acts that are likely to cause sexual arousal, as well as performances exhibited by individuals exhibiting a gender or sex different from their biological sex. The bill primarily targets sexually oriented businesses, establishing regulations to safeguard minors from exposure to adult content. If enacted, violations could result in severe penalties, including third-degree felony charges for offenses occurring in the presence of individuals under the age of 18.

Sentiment

The sentiment surrounding HB 4129 appears to be divisive. Proponents of the bill argue that it is a necessary measure to protect children from inappropriate content and maintain community standards. They see the regulation of erotic performances as a critical step in safeguarding the youth from environments that could expose them to potentially harmful situations. Conversely, opponents of the bill have raised concerns about the implications it may have for personal freedoms and the rights of adults to engage in consensual behaviors without governmental interference. This opposition also points to the potential discrimination against individuals expressing their gender identity through performance.

Contention

Notable points of contention regarding HB 4129 include the language used to define 'erotic performance' and the enforcement of its provisions. Advocates for LGBTQ+ rights express concern that the bill may disproportionately target gender-nonconforming individuals and further marginalize communities already facing discrimination. The ambiguity in the bill's definitions could lead to arbitrary enforcement, potentially stifering artistic expression. Additionally, there are discussions about the balance between protecting minors and infringing on the rights of adults to engage in adult performances, which will be key points of debate as the bill progresses through legislative scrutiny.