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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 or alteration. |
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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 OR ALTERATION OF |
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CONDOM DURING SEXUAL CONTACT |
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Sec. 98C.001. DEFINITIONS. In this chapter: |
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(1) "Consent" has the meaning assigned by Section |
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1.07, Penal Code. |
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(2) "Sexual contact" means contact between the anus or |
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sexual organ of an individual and the anus or sexual organ of |
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another. |
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Sec. 98C.002. LIABILITY FOR NONCONSENSUAL REMOVAL OR |
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ALTERATION OF CONDOM DURING SEXUAL CONTACT. A defendant is liable |
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to an individual if the defendant, after intentionally removing, |
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altering, or otherwise rendering a condom less effective than |
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manufactured without the individual's consent, engages in sexual |
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contact with the individual without a condom if removed or using the |
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altered or less effective condom. |
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Sec. 98C.003. 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) court costs; and |
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(3) 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, 2025. |