By: Toth	H.B. No. 938

	A BILL TO BE ENTITLED
	AN ACT
	relating to a cause of action for drag performances performed in the
	presence of a minor.
	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 100B to read as follows:
	CHAPTER 100B.  LIABILITY FOR DRAG PERFORMANCE IN PRESENCE OF MINOR
	Sec. l00B.001.  DEFINITIONS.  In this chapter:
	(l)  "Drag performance" means a performance in which a
	performer exhibits a gender that is different than the performer's
	gender recorded at birth using clothing, makeup, or other physical
	markers and sings, lip syncs, dances, or otherwise performs in a
	lascivious manner before an audience.
	(2)  "Lascivious" means conduct of a sexual nature that
	is offensive to community standards of decency. The term includes
	the intentional exposure of genitalia in the presence of a minor.
	(3)  "Minor" means an individual who is younger than 18
	years of age.
	Sec. l00B.002.  LIABILITY FOR DRAG PERFORMANCE IN PRESENCE
	OF MINOR. An individual who attends a drag performance as a minor
	may bring an action against a person who knowingly promotes,
	conducts, or participates as a performer in the drag performance
	that occurs before an audience that includes the minor if:
	(1)  the performance violates the prevailing standard
	in the adult community for content suitable for minors; and
	(2)  the person fails to take reasonable steps to
	restrict access to the performance by minors.
	Sec. 100B.003.  LIMITATIONS. A claimant may bring an action
	under this chapter not later than the 10th anniversary of the date
	the cause of action accrues.
	Sec. 100B.004.  DAMAGES. If a claimant prevails in an action
	brought under this chapter, the court shall award:
	(1)  actual damages, including damages for
	psychological, emotional, economic, and physical harm;
	(2)  reasonable attorney's fees and costs incurred in
	bringing the action; and
	(3)  statutory damages of $5,000.
	Sec. 100B.005.  DEFENSES. (a) It is an affirmative defense
	to an action brought under this chapter that:
	(1)  the defendant reasonably believed the minor was at
	least 18 years of age at the time the minor was allowed entry to the
	performance; or
	(2)  the minor displayed an apparently valid proof of
	identification issued by a governmental agency purporting to
	establish that the minor was at least 18 years of age to gain entry
	to the performance.
	(b)  It is not a defense to an action brought under this
	chapter that the minor was accompanied at the drag performance by
	the minor's parent or guardian.
	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.