Texas HB938

"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.

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.

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.