AUSTIN, Texas — The Texas Senate on Tuesday gave preliminary approval to two bills that would restrict, and at times criminalize, drag shows and anything else deemed a “sexually oriented performance.”
Both bills were expanded broadly during debate, which was punctuated by contention and raucous reaction from members of the public gathered in the Senate gallery. Each bill needs one more vote of approval in the Senate before they head to the House for more debate.
Senate Bill 12 by Bryan Hughes, R-Mineola, would criminalize performances that occur or could occur in front of a minor if they appeal to the “prurient interest in sex” or meet several other definitions for “sexual conduct,” including real or “simulated” touching of the buttocks, breasts or genitals, real or simulated sex acts or the “exhibition” of sex toys.
Performers could be charged with a class A misdemeanor, and businesses who host them would face $10,000 in fines.
Originally, the bill applied to performances by a man presenting as a woman, or vice versa. On Tuesday, Hughes expanded the criminal and financial penalties to anyone engaging in “sexual conduct” regardless of their dress or gender presentation. He also expanded the definition of “public property” to include any time, place or “manner that could reasonably be expected to be viewed by a child.”
The bill passed by a vote of 21-10 with two Democrats — Juan “Chuy” Hinojosa of McAllen and Royce West of Dallas — voting in favor. Hinojosa’s staff later told The Dallas Morning News that he would be changing both of his votes to opposed; they did not immediately offer a full explanation as to why.
West told The News that he was concerned the bills might have some constitutional issues but said, “I agree with the concept.”
“I think it’s important to send a message that even though we support a person’s right to engage in drag time, we don’t condone it in the presence of children under the age of 18,” he said.
Hughes said the bill was meant to protect kids from conduct that they all could agree would be inappropriate.
“This is about what children should be exposed to, something that I believe, I hope, we’ll have common ground on,” Hughes said. He listed several examples, including drag shows where skirts are lifted or there is “explicit touching” between children and performers.
Sen. Roland Gutierrez, a Democrat who represents Uvalde, posed several hypothetical situations: Would two men, dressed in drag and kissing at an LGBTQ Pride event, be in violation of the statute? What about popular singers, like Miley Cyrus, who may dance provocatively at shows where minors are in attendance?
Hughes’ response each time was the same: Only if the performance appeals to the prurient interest in sex. He shot down concerns that the restrictions might be unconstitutional. The additions he made could help the bill avoid legal problems suffered by similar efforts, he said, like a Tennessee drag ban recently struck down by a Trump-appointed judge.
The debate became heated when Gutierrez said the Senate could protect children by passing stricter gun laws. His statement prompted cheers from those watching in the gallery, but elicited an admonishment from Lt. Gov. Dan Patrick, who is Senate president.
“Stick to the topic of the issues that you’re asking questions on or you will not be recognized in the future,” Patrick said.
Senate Bill 1601, also by Hughes, would bar state funds from going to municipal libraries that host events where drag performers read to children. The bill does not include a “prurient interest” clause, so it would apply to all drag shows or any other performances where “the person being dressed as the opposite gender is a primary component of the entertainment.”
Sen. Drew Springer, R-Muenster, added an amendment to also bar any other public funds to these libraries.
Democrats raised concerns that it would apply to a female librarian who dresses like a male literary figure, like Harry Potter or the wizard Gandalf, during story time.
The bill passed by a vote of 20-9. Hinojosa and West were recorded voting in favor. Sen. Borris Miles, D-Houston, and Robert Nichols, R-Jacksonville, were present but not voting.
Earlier Tuesday, the Senate gave final approval to a bill banning certain medical treatments for transgender minors. The chamber has already sent a bill to the House that would require college athletes to compete in sports according to their sex at birth.
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Staff writers Allie Morris and Aarón Torres contributed to this report.
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