Texas has become the latest in a growing number of states to pass legislation banning “sexually oriented performances” that take place in the presence of minors.
Gov. Greg Abbott signed the state’s Senate Bill 12 into law June 18.
The measure, slated to take effect Sept. 1, prohibits businesses from hosting “sexually oriented” performances in which someone is nude or appeals to the “prurient interest in sex” in the presence of minors. Those who break the law are likely to face hefty fines — up to $10,000 per violation.
Performers face much harsher penalties, and those caught violating the law’s new restrictions on drag shows could be charged with a Class A misdemeanor, punishable by up to one year in jail and a $4,000 fine.
An earlier version of the bill, introduced in March by state Sen. Bryan Hughes (R), sought to explicitly ban certain drag performances, but House and Senate lawmakers in March agreed to remove the direct references to drag, opting instead to expand what the state considers an illegal public performance of “sexual conduct.”
Under the language of the law, “sexual conduct” is defi ned as the exhibition or representation, whether actual or simulated, of sexual acts, genitals, devices designed to stimulate genitals, breasts or buttocks, or “sexual gesticulations using accessories or prosthetics that exaggerate male or female sexual characteristics.”
Drag performers and LGBTQ civil rights groups have argued that the amended legislation is still likely to be used to restrict drag shows and could even target transgender people in Texas.
Even after state lawmakers removed direct references to drag, Lt. Gov. Dan Patrick said the new law would “push back against the radical left’s disgusting drag performances” in a statement celebrating the bill’s passage last month.
“Children, who cannot make decisions on their own, must be protected from this scourge facing our state,” Patrick said.
Texas joins three other states — Tennessee, Montana and Florida — in adopting legislation restricting drag performances.