| 1 | 1 | | By: Toth H.B. No. 938 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | relating to a cause of action for drag performances performed in the |
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| 9 | 9 | | presence of a minor. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1 Title 4, Civil Practice and Remedies Code, is |
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| 12 | 12 | | amended by adding Chapter 100B to read as follows: |
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| 13 | 13 | | CHAPTER 100B. LIABILITY FOR DRAG PERFORMANCE IN PRESENCE OF MINOR |
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| 14 | 14 | | Sec. l00B.001. DEFINITIONS. In this chapter: |
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| 15 | 15 | | (l) "Drag performance" means a performance in which a |
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| 16 | 16 | | performer exhibits a gender that is different than the performer's |
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| 17 | 17 | | gender recorded at birth using clothing, makeup, or other physical |
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| 18 | 18 | | markers and sings, lip syncs, dances, or otherwise performs in a |
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| 19 | 19 | | lascivious manner before an audience. |
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| 20 | 20 | | (2) "Lascivious" means conduct of a sexual nature that |
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| 21 | 21 | | is offensive to community standards of decency. The term includes |
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| 22 | 22 | | the intentional exposure of genitalia in the presence of a minor. |
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| 23 | 23 | | (3) "Minor" means an individual who is younger than 18 |
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| 24 | 24 | | years of age. |
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| 25 | 25 | | Sec. l00B.002. LIABILITY FOR DRAG PERFORMANCE IN PRESENCE |
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| 26 | 26 | | OF MINOR. An individual who attends a drag performance as a minor |
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| 27 | 27 | | may bring an action against a person who knowingly promotes, |
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| 28 | 28 | | conducts, or participates as a performer in the drag performance |
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| 29 | 29 | | that occurs before an audience that includes the minor if: |
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| 30 | 30 | | (1) the performance violates the prevailing standard |
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| 31 | 31 | | in the adult community for content suitable for minors; and |
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| 32 | 32 | | (2) the person fails to take reasonable steps to |
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| 33 | 33 | | restrict access to the performance by minors. |
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| 34 | 34 | | Sec. 100B.003. LIMITATIONS. A claimant may bring an action |
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| 35 | 35 | | under this chapter not later than the 10th anniversary of the date |
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| 36 | 36 | | the cause of action accrues. |
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| 37 | 37 | | Sec. 100B.004. DAMAGES. If a claimant prevails in an action |
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| 38 | 38 | | brought under this chapter, the court shall award: |
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| 39 | 39 | | (1) actual damages, including damages for |
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| 40 | 40 | | psychological, emotional, economic, and physical harm; |
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| 41 | 41 | | (2) reasonable attorney's fees and costs incurred in |
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| 42 | 42 | | bringing the action; and |
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| 43 | 43 | | (3) statutory damages of $5,000. |
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| 44 | 44 | | Sec. 100B.005. DEFENSES. (a) It is an affirmative defense |
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| 45 | 45 | | to an action brought under this chapter that: |
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| 46 | 46 | | (1) the defendant reasonably believed the minor was at |
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| 47 | 47 | | least 18 years of age at the time the minor was allowed entry to the |
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| 48 | 48 | | performance; or |
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| 49 | 49 | | (2) the minor displayed an apparently valid proof of |
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| 50 | 50 | | identification issued by a governmental agency purporting to |
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| 51 | 51 | | establish that the minor was at least 18 years of age to gain entry |
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| 52 | 52 | | to the performance. |
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| 53 | 53 | | (b) It is not a defense to an action brought under this |
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| 54 | 54 | | chapter that the minor was accompanied at the drag performance by |
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| 55 | 55 | | the minor's parent or guardian. |
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| 56 | 56 | | SECTION 2. The change in law made by this Act applies only |
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| 57 | 57 | | to a cause of action that accrues on or after the effective date of |
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| 58 | 58 | | this Act. |
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| 59 | 59 | | SECTION 3. This Act takes effect September 1, 2025. |
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