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A BILL TO BE ENTITLED
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AN ACT
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relating to creating a cause of action for nonconsensual condom |
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removal. |
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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 98C to read as follows: |
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CHAPTER 98C. LIABILITY FOR NONCONSENSUAL REMOVAL OF CONDOM DURING |
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INTERCOURSE |
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Sec. 98C.001. LIABILITY FOR NONCONSENSUAL REMOVAL OF CONDOM |
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DURING INTERCOURSE. A defendant is liable to an individual if the |
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defendant, after removing a condom without the individual's |
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consent, caused contact between the defendant's sexual organ and |
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the individual's anus or sexual organ. |
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Sec. 98C.002. DAMAGES. (a) A court shall award a claimant |
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who prevails in an action brought under this chapter: |
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(1) actual damages, including damages for mental |
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anguish; |
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(2) appropriate injunctive relief; |
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(3) court costs; and |
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(4) reasonable attorney's fees. |
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(b) In addition to an award under Subsection (a), a claimant |
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who prevails in an action brought under this chapter may recover |
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exemplary damages. |
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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. |