Texas Senate Bill 12, which bans sexually oriented performances — presumably including at least some drag shows — in front of children and on public property, passed in the state House and will move to the governor’s desk following a final reading.
SB12 was written to restrict “certain sexually oriented performances on public property, on the premises of a commercial enterprise, or in the presence of a child; authorizing a civil penalty; creating a criminal offense.”
The bill’s text reads that a “person who controls the premises of a commercial enterprise may not allow a sexually oriented performance to be presented on the premises in the presence of an individual younger than 18 years of age.” It adds that a person who “violates this section is liable to this state for a civil penalty of not more than $10,000 for each violation.”
The bill, which was sponsored by seven Republican state senators and one Republican state representative, passed with a vote of 88 for and 12 against, with 42 present.
\u201cBREAKING: #SB12 has passed in the House! It will head to the governor\u2019s desk after one more reading.\n\nThank you to all who helped in the fight to protect Texas children!\u201d— Sara Gonzales (@Sara Gonzales)
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The legislation also established a new section in the penal code to define “sexually oriented” performances.
Section 43.28 of the penal code defines a “sexually oriented performance” as a visual performance that features a “performer who is nude” or “any other performer who engages in sexual conduct” and “appeals to the prurient interest in sex.”
The definition of “sexual conduct” includes “the exhibition or representation, actual or simulated, of sexual acts, including vaginal sex, anal sex, and masturbation,” sexual contact, and the exhibition of sexual devices.
The bill further declared that a person commits an offense regardless of compensation being “expected or received.” It further bars sexually oriented performances on public property.
A previous version of the bill used a definition of “sexually oriented performance” that included “a male performer exhibiting as a female, or a female performer exhibiting as a male, who uses clothing, makeup, or other similar physical markers and who sings, lip syncs, dances, or otherwise performs before an audience,” but was since removed.
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