The Vulnerable Youth Protection Act, introduced as H.B. No. 2258 by Toth, seeks to impose civil liability on individuals who contribute to the social transitioning of minors, defined as actions taken by a minor to adopt a gender identity different from their biological sex. This includes changes in clothing, pronouns, hairstyle, and name. The bill establishes that individuals who contribute to social transitioning or engage in procedures such as castration, sterilization, or mutilation can be held strictly liable for any harm that results, with specified damages including a minimum of $10,000 for statutory damages and up to $10 million for punitive damages in cases of irreversible sterilization or sexual dysfunction. It also sets a 20-year statute of limitations for bringing actions under this section and prohibits defenses based on ignorance of the law or reliance on court decisions.

Additionally, the bill introduces new legal language regarding the severability of provisions, asserting that if any provision is deemed invalid or unconstitutional, the remaining provisions will still be enforceable. It allows litigants to challenge the validity of provisions as a defense in legal actions and ensures that applications not affected by vagueness remain enforceable. The act aims to apply Texas law to gender-transitioning treatments for Texas residents, regardless of where the treatment occurred, and prohibits class action lawsuits related to these civil actions. The act will take effect immediately upon a two-thirds vote from both houses or on September 1, 2025, if that vote is not achieved.

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