Bill Text: TX HB4378 | 2023-2024 | 88th Legislature | Introduced

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Bill Title: Relating to a cause of action for drag performances performed in the presence of a minor.

Spectrum: Partisan Bill (Republican 23-0)

Status: (Introduced - Dead) 2023-03-21 - Referred to State Affairs [HB4378 Detail]

Download: Texas-2023-HB4378-Introduced.html

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88R12764 JES-F
By: Toth H.B. No. 4378

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