88R7705 MZM-D
By: Plesa H.B. No. 5179
A BILL TO BE ENTITLED
AN ACT
relating to creating a cause of action for nonconsensual condom
removal.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 4, Civil Practice and Remedies Code, is
amended by adding Chapter 98C to read as follows:
CHAPTER 98C. LIABILITY FOR NONCONSENSUAL REMOVAL OF CONDOM DURING
INTERCOURSE
Sec. 98C.001. LIABILITY FOR NONCONSENSUAL REMOVAL OF CONDOM
DURING INTERCOURSE. A defendant is liable to an individual if the
defendant, after removing a condom without the individual's
consent, caused contact between the defendant's sexual organ and
the individual's anus or sexual organ.
Sec. 98C.002. DAMAGES. (a) A court shall award a claimant
who prevails in an action brought under this chapter:
(1) actual damages, including damages for mental
anguish;
(2) appropriate injunctive relief;
(3) court costs; and
(4) reasonable attorney's fees.
(b) In addition to an award under Subsection (a), a claimant
who prevails in an action brought under this chapter may recover
exemplary damages.
SECTION 2. The change in law made by this Act applies only
to a cause of action that accrues on or after the effective date of
this Act.
SECTION 3. This Act takes effect September 1, 2023.