WeVote
Log In

Bill

Bill

HB 938

Relating to a cause of action for drag performances performed in the presence of a minor.

89th Legislature (2025) Introduced by Cody Harris and 5 co-sponsors

HB 938 creates civil liability for drag performances attended by minors, raising free speech concerns while attempting to limit such entertainment's access to children.

Referred to State Affairs
#civilremedies&liabilities(i0065) #genderidentity&expression(s0767)
0
WeVote Research Nonpartisan
Bill Summary · HB 938

Legislative bill overview

HB 938 would create a legal cause of action allowing individuals to sue over drag performances conducted in the presence of minors. The bill establishes a framework for civil liability related to such performances, though the specific definitions and scope of "drag performances" and enforcement mechanisms are not detailed in the bill summary provided.

Why is this important

This legislation directly impacts free expression rights, entertainment industry regulations, and parental authority debates. It could significantly alter what performances are legally permissible in venues where minors might be present and establish precedent for similar restrictions in other states.

Potential points of contention

  • Definition ambiguity: The bill's effectiveness depends on how "drag performance" is legally defined—overly broad definitions could capture legitimate theatrical performances, while narrow ones may not achieve legislative intent
  • Free speech concerns: Civil rights advocates argue this creates liability for protected expression and may violate First Amendment protections for artistic performance
  • Standing and enforcement: Unclear who can sue (parents, taxpayers, general public?) and what damages would apply, potentially creating frivolous litigation or inconsistent enforcement
  • Venue impacts: Venues hosting performances could face prohibitive legal costs even in cases where they ultimately prevail, creating a chilling effect on bookings

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.