Bill > HB1075

This bill creates a new legal cause of action in Texas allowing minors (individuals under 18) to sue individuals involved in drag performances that the minor considers inappropriate. The bill defines a "drag performance" as a performance where a performer presents a different gender than their birth gender through clothing, makeup, or physical markers, and performs in a "lascivious" manner, which is defined as conduct of a sexual nature offensive to community standards of decency. Under this law, a minor can sue performers, promoters, or conductors of a drag performance if the performance violates community standards for content suitable for minors and reasonable steps were not taken to restrict minor access. If successful, the minor can receive actual damages (including psychological, emotional, economic, and physical harm), reasonable attorney's fees, and $5,000 in statutory damages. Potential defendants can only use two limited defenses: reasonably believing the minor was 18 or the minor presenting what appeared to be valid government identification. Notably, having a parent or guardian present does not constitute a defense. The law would take effect on September 1, 2025, and would only apply to causes of action arising on or after that date, with a statute of limitations allowing suits up to 10 years after the performance.

Government Affairs

https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB1075