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A BILL TO BE ENTITLED
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AN ACT
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relating to a cause of action for drag performances performed in the |
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presence of a minor. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 4, Civil Practice and Remedies Code, is |
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amended by adding Chapter 100B to read as follows: |
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CHAPTER 100B. LIABILITY FOR DRAG PERFORMANCE IN PRESENCE OF MINOR |
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Sec. 100B.001. DEFINITIONS. In this chapter: |
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(1) "Drag performance" means a performance in which a |
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performer exhibits a gender that is different than the performer's |
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gender recorded at birth using clothing, makeup, or other physical |
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markers and sings, lip syncs, dances, or otherwise performs in a |
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lascivious manner before an audience. |
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(2) "Lascivious" means conduct of a sexual nature that |
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is offensive to community standards of decency. The term includes |
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the intentional exposure of genitalia in the presence of a minor. |
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(3) "Minor" means an individual who is younger than 18 |
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years of age. |
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Sec. 100B.002. LIABILITY FOR DRAG PERFORMANCE IN PRESENCE |
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OF MINOR. An individual who attends a drag performance as a minor |
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may bring an action against a person who knowingly promotes, |
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conducts, or participates as a performer in the drag performance |
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that occurs before an audience that includes the minor if: |
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(1) the performance violates the prevailing standard |
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in the adult community for content suitable for minors; and |
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(2) the person fails to take reasonable steps to |
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restrict access to the performance by minors. |
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Sec. 100B.003. LIMITATIONS. A claimant may bring an action |
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under this chapter not later than the 10th anniversary of the date |
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the cause of action accrues. |
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Sec. 100B.004. DAMAGES. If a claimant prevails in an action |
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brought under this chapter, the court shall award: |
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(1) actual damages, including damages for |
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psychological, emotional, economic, and physical harm; |
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(2) reasonable attorney's fees and costs incurred in |
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bringing the action; and |
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(3) statutory damages of $5,000. |
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Sec. 100B.005. DEFENSES. (a) It is an affirmative defense |
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to an action brought under this chapter that: |
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(1) the defendant reasonably believed the minor was at |
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least 18 years of age at the time the minor was allowed entry to the |
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performance; or |
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(2) the minor displayed an apparently valid proof of |
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identification issued by a governmental agency purporting to |
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establish that the minor was at least 18 years of age to gain entry |
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to the performance. |
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(b) It is not a defense to an action brought under this |
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chapter that the minor was accompanied at the drag performance by |
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the minor's parent or guardian. |
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SECTION 2. The change in law made by this Act applies only |
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to a cause of action that accrues on or after the effective date of |
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this Act. |
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SECTION 3. This Act takes effect September 1, 2023. |