Thread by @lmcgaughy

HAPPENING NOW: Senate takes up debate on bill to restrict, and at times criminalize, drag shows in Texas.

Background: dallasnews.com/news/politics/… #txlege #LGBTQ #LGBT #SB12

Bill author @SenBryanHughes says his legislation is just about protecting children from "sexually explicit performances."

But, his bill would also make it a crime for a man presenting as a woman (and vice versa) to perform a "prurient" event "on public property."

#txlege #SB12

@SenBryanHughes Drag performers and their supporters have come to watch this debate. They are in the gallery.

#txlege #SB12

@SenBryanHughes Hughes will amend his drag bill to ostensibly remove mention of the gender expression of a performer.

"Any sexual performance inappropriate for a child, regardless of who is the performer, regardless of how they're dressed, will be affected by this statute," he says. #txlege

@SenBryanHughes Sen @CarolforTexas asks about sometimes drag shows come through her hairdresser. Would that place need to register as a sexually oriented business?

Hughes says if kids are there and the how is sexually explicit, that business could be subject to a $10K fine. #txlege #SB12

@SenBryanHughes @CarolforTexas "If you have a drag show that is sexually inappropriate as described in the statute, if that takes place where children are present on your property, then you're subject to a $10,000 civil penalty regardless of whether you are licensed as a sell alcohol or anything else."- Hughes

Sen @RolandForTexas is asking about the "new crime" that Hughes' bill creates.

He asks whether "nude" includes "nude bodysuit."

#txlege #SB12

@RolandForTexas Gutierrez: What about a modern dance performance by two people in nude bodysuits if they're "gyrating and twerking all over themselves?"

Hughes: "So far, so good."

#txlege #SB12

@RolandForTexas Gutierrez: How do you define male exhibiting as a woman?

Hughes: If it's not defined in the bill, the definition means whatever is considered normal and customary.

Gutierrez: What about two piece bathing suits? Shoes? Dresses? #txlege #SB12

@RolandForTexas Gutierrez: @MileyCyrus dressed as a man and danced sexually with a male dancer. Would you bill affect that?

Hughes: If it appeals to the prurient interest and a child is present, the bill applies.

What say you, Miley?

#txlege #SB12

@RolandForTexas @MileyCyrus Gallery cheers after Gutierrez says Senate should be legislating guns if they want to protect kids.

@DanPatrick again reminds gallery to be quiet. He says he will clear the public if they have one more "outburst." #txlege #SB12

So I just saw a copy of the amendment. It DOES NOT remove the section criminalizing sexual performance by men exhibiting as women (and vice versa).

It just ADDS a line that says anyone regardless of dress can be found to violate it.

https://twitter.com/lmcgaughy/status/1643343055355801604

#txlege #SB12

Gutierrez: Will two men, dressed in drag, kissing at a #LGBTQ Pride parade be violating this statute?

Hughes: "Only if it appeals to the prurient interest in sex" or any other part of this bill.

#txlege #SB12

Gutierrez again admonished the Senate for not passing stricter gun laws this session, if they want to protect kids.

@DanPatrick stopped him in his tracks and told him he must stick to the topic of the bill or he won't be recognized to speak again.

@RoyceWestTX asks to recess.

@DanPatrick @RoyceWestTX Just for context, y'all.

This kind of fire on the Senate floor is not very common. Senators are normally pretty locked down.

And the lite guv telling a sitting senator he may not be able to speak again if he doesn't fall into line? I've never seen it.
Cc @chucklindell #txlege

Senate is back in session debating the bill that would restrict and criminalize drag shows and anything else deemed a “sexually oriented performance.”

@sarah_eckhardt is questioning bill author @SenBryanHughes.

#txlege #SB12

@sarah_eckhardt @SenBryanHughes "I'm suggesting that the offense that you are purporting to cover by your bill is already in the penal code," Eckhardt says.

"Part of what you're describing is there. I don't believe it's covered adequately. That's why we brought Senate Bill 12," Hughes answers. #txlege #SB12

@sarah_eckhardt @SenBryanHughes Eckhardt: Will Shakespeare in the park be criminalized by your bill?

Hughes: I don't think any court has found that to be inappropriate.

Eckhardt: That's because the law now includes carve outs for those things OK according to community standards. Your bill is overly broad.

Sen @CarolforTexas brings @MileyCyrus back up.

Hughes: "If it's a sexual performance, a sexually oriented performance, as defined in the statute that appeals to the prurient interest and minors are present, that's the only time this will be an issue." #txlege #SB12

@CarolforTexas @MileyCyrus FYI here's the definition for "sexually oriented performance" under @SenBryanHughes' amendment.

It bars performances, as you can see, "at a time, in a place, and in a manner that could reasonably be expected to be viewed by a child." #txlege #SB12

@SenBryanHughes Sen @Menendez4Texas asks if every prom or homecoming dance would be outlawed here, since kids will be twerking?

Hughes: It applies to performers and sexual conduct appealing to prurient interest. #txlege #SB12

@SenBryanHughes @Menendez4Texas Menendez: Why have drag performers included in your bill if you've expanded your bill to any sexual performance in front of a child?

Hughes: "Legislation is not crafted in a vacuum" and this was done to respond to those shows.

#txlege #SB12

@SenBryanHughes @Menendez4Texas Hughes' amendment makes his bill much much broader in scope.

It would now add several new crimes (and finable offenses for businesses) to state laws including, exhibiting or representing "actual or simulated":
- sex or masturbation,
- male or female genitals in a lewd state...

@SenBryanHughes @Menendez4Texas ...
- "actual or simulated" contact occurring between buttocks, breast or genitals of two people,
- and the exhibition of a device designed and marketed as useful primarily for the sexual stimulation of male or female genitals. #txlege

@SenBryanHughes @Menendez4Texas Hughes' drag bill PASSES by a vote of 21-10, which means two Democrats voted for the bill.

I don't know which two at this time.

#txlege #SB12

@SenBryanHughes @Menendez4Texas The Senate is now on to the bill to bar public funds going to any muni libraries that host drag queen story hours.

#txlege #SB1601

@SenBryanHughes @Menendez4Texas Sen @sarah_eckhardt asks if she would be subject to this ban on drag queen story times if she dresses as Gandalf or Harry Potter to read Tolkien or Rowling.

Hughes: Only if dressing as the opposite gender is key to the performance.

Eckhardt: "I'm way illegal then." #txlege

@SenBryanHughes @Menendez4Texas @sarah_eckhardt Senate expands drag queen story time bill to bar both state funds and any other public money from going to libraries that host these events.

#txlege #SB1601

Sen @Menendez4Texas offers amendment to require funds only be withheld from drag queen story times that appeal to the "prurient interest in sex."

He says parents or libraries dressing as a character from a book could be affected otherwise.
#txlege #Sb1601

Hughes opposes the amendment.

Zaffirini, Eckhardt and Alvarado ci-authored the amendment.

Zaffirini says if this amendment is accepted, the Democrats will vote for this bill.

#txlege #SB1601

The amendment fails 12-19, presumably along partisan lines. #txlege

Senate Bill 1601 passes by a vote of 20-9; 2 present not voting.

The bill would bar public funds from municipal libraries that host drag queen story times.

Both this bill and one restricting all drag shows deemed "sexual" need one more vote to head to House.
Story TK. #txlege

Not allowing press on the Senate floor means it's really tough to get vote breakdowns in real time now.

#txlege