Texas HB938 creates a cause of action for minors exposed to drag performances deemed inappropriate for minors.
Texas HB938 amends the Civil Practice and Remedies Code to establish a cause of action for minors who attend drag performances that violate community standards of decency. A minor can sue if the performance is lascivious and the promoter, conductor, or performer fails to restrict access. "Lascivious" includes sexually offensive conduct, such as exposing genitalia. The minor can claim actual and statutory damages of $5,000, attorney's fees, and costs. Promoters can defend by proving they reasonably believed the minor was 18 or older or that the minor showed valid ID.
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