The bill, H.B. No. 1075, 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. It defines "drag performance" as a performance where a performer exhibits a gender different from their gender at birth in a lascivious manner, and "lascivious" is characterized as conduct of a sexual nature that offends community standards, including the intentional exposure of genitalia. The bill allows minors who attend such performances to sue individuals who knowingly promote or participate in these performances if they violate community standards for content suitable for minors and fail to restrict minors' access.
Additionally, the bill outlines the limitations for bringing an action, stating that claims must be filed within ten years of the cause of action accruing. If a claimant prevails, they are entitled to actual damages, reasonable attorney's fees, and statutory damages of $5,000. The bill also provides affirmative defenses for defendants, such as 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 law will take effect on September 1, 2025, and applies only to causes of action that accrue on or after that date.
Statutes affected: Introduced: ()