House Bill No. 938 introduces a new chapter, Chapter 100B, to the Civil Practice and Remedies Code, which establishes a cause of action for drag performances conducted in the presence of minors. The bill defines "drag performance" as a performance where a performer exhibits a gender different from their gender at birth in a lascivious manner before an audience. It also defines "lascivious" conduct as sexual in nature and offensive to community standards, including the intentional exposure of genitalia in front of a minor. The bill allows minors to bring legal action against individuals who knowingly promote or participate in such performances if the content is deemed unsuitable for minors and if reasonable steps to restrict access were not taken.

If a minor prevails in a lawsuit under this chapter, they may be awarded actual damages for various types of harm, reasonable attorney's fees, and statutory damages of $5,000. The bill also outlines defenses for defendants, including a reasonable belief that the minor was at least 18 years old or that the minor presented valid identification. Importantly, the presence of a parent or guardian does not serve as a defense against the action. The provisions of this bill will apply only to causes of action that accrue on or after its effective date of September 1, 2025.