Bill Text: TX HB2146 | 2025-2026 | 89th Legislature | Introduced

Texas House Bill 2146

Introduced

Bill Title: Relating to creating a cause of action for nonconsensual condom removal or alteration.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-01-28 - Filed [HB2146 Detail]

Download: Texas-2025-HB2146-Introduced.html

	89R11680 MZM-D

	By: Plesa	H.B. No. 2146



	A BILL TO BE ENTITLED
	AN ACT
	relating to creating a cause of action for nonconsensual condom
	removal or alteration.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Title 4, Civil Practice and Remedies Code, is
	amended by adding Chapter 98C to read as follows:
	CHAPTER 98C. LIABILITY FOR NONCONSENSUAL REMOVAL OR ALTERATION OF
	CONDOM DURING SEXUAL CONTACT
	Sec. 98C.001. DEFINITIONS. In this chapter:
	(1) "Consent" has the meaning assigned by Section
	1.07, Penal Code.
	(2) "Sexual contact" means contact between the anus or
	sexual organ of an individual and the anus or sexual organ of
	another.
	Sec. 98C.002. LIABILITY FOR NONCONSENSUAL REMOVAL OR
	ALTERATION OF CONDOM DURING SEXUAL CONTACT. A defendant is liable
	to an individual if the defendant, after intentionally removing,
	altering, or otherwise rendering a condom less effective than
	manufactured without the individual's consent, engages in sexual
	contact with the individual without a condom if removed or using the
	altered or less effective condom.
	Sec. 98C.003. DAMAGES. (a) A court shall award a claimant
	who prevails in an action brought under this chapter:
	(1) actual damages, including damages for mental
	anguish;
	(2) court costs; and
	(3) reasonable attorney's fees.
	(b) In addition to an award under Subsection (a), a claimant
	who prevails in an action brought under this chapter may recover
	exemplary damages.
	SECTION 2. The change in law made by this Act applies only
	to a cause of action that accrues on or after the effective date of
	this Act.
	SECTION 3. This Act takes effect September 1, 2025.