89R5860 AMF-F     By: Schatzline H.B. No. 1075       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, 2025.