89R11680 MZM-D
By: Plesa H.B. No. 2146
A BILL TO BE ENTITLED
AN ACT
relating to creating a cause of action for nonconsensual condom
removal or alteration.
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 OR ALTERATION OF
CONDOM DURING SEXUAL CONTACT
Sec. 98C.001. DEFINITIONS. In this chapter:
(1) "Consent" has the meaning assigned by Section
1.07, Penal Code.
(2) "Sexual contact" means contact between the anus or
sexual organ of an individual and the anus or sexual organ of
another.
Sec. 98C.002. LIABILITY FOR NONCONSENSUAL REMOVAL OR
ALTERATION OF CONDOM DURING SEXUAL CONTACT. A defendant is liable
to an individual if the defendant, after intentionally removing,
altering, or otherwise rendering a condom less effective than
manufactured without the individual's consent, engages in sexual
contact with the individual without a condom if removed or using the
altered or less effective condom.
Sec. 98C.003. 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) court costs; and
(3) 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, 2025.