Bill > HB938

This bill creates a new legal framework in Texas that allows minors to sue individuals involved in drag performances under specific circumstances. The law defines a "drag performance" as a performance where a performer presents a gender different from their birth-assigned gender through clothing, makeup, or physical markers, and performs in a manner deemed "lascivious" (sexually offensive to community standards). A minor can bring a lawsuit against anyone who knowingly promotes, conducts, or performs in a drag show that includes minors, if the performance violates community standards for age-appropriate content and the organizers fail to restrict minor access. If successful, the minor can receive actual damages (covering psychological, emotional, economic, and physical harm), reasonable attorney's fees, and $5,000 in statutory damages. The law provides limited defenses, such as if the defendant reasonably believed the minor was over 18 or if the minor presented apparently valid identification, but explicitly states that parental accompaniment is not a valid defense. The cause of action must be brought within 10 years of the performance, and the law will take effect on September 1, 2025, applying only to performances occurring on or after that date.

Government Affairs

https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB938