Texas House Bill HB4378

Texas 2023 - 88th Regular

• Filed: 3/9/23

Caption

Relating to a cause of action for drag performances performed in the presence of a minor.

Impact

The bill would significantly alter the legal landscape regarding performances classified under the broad term 'drag.' It empowers minors to seek legal recourse against individuals associated with drag performances while also setting out the criteria under which such performances could be deemed inappropriate for them. By enacting this law, the Texas legislature aims to reinforce standards of decency as perceived by the community, particularly concerning the exposure of minors to content that may be deemed sexual or lascivious.

Summary

House Bill 4378 aims to create a legal cause of action for drag performances that occur in the presence of minors. The legislation defines what constitutes a drag performance and prescribes liabilities for those who knowingly promote or participate in such performances when minors are present. It allows minors to sue for damages if they believe they were exposed to inappropriate content during a drag performance, as assessed by prevailing community standards. The bill establishes a framework under which claimants can receive damages for psychological, emotional, and physical harm if the court finds in their favor.

Sentiment

The sentiment surrounding HB 4378 appears to be contentious. Proponents of the bill argue that it serves to protect minors from potentially harmful and indecent exposure while attending public performances. They believe that such regulations are necessary to uphold community values and ensure that minors are not subjected to inappropriate content. However, opponents view this legislation as an infringement on artistic expression and LGBTQ+ rights, expressing concerns over how the bill could be misused to target performers and limit access to the arts for young audiences.

Contention

Notable points of contention include the subjective interpretation of what constitutes a 'lascivious' drag performance and how community standards can vary widely across different regions. Critics argue that the bill may set a dangerous precedent by allowing personal beliefs about decency to influence legal action against performers, potentially stifling artistic diversity. The legislation could also lead to increased litigation against venues that host drag performances, placing a heavier burden on them to assess the audience's demographic composition.

Texas Constitutional Statutes Affected

Civil Practice And Remedies Code

• Chapter 100. Use Of Force In Defense Of Commercial Nuclear Power Plants
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