HB 2146

AN ACT relating to creating a cause of action for nonconsensual condom

House Bill • Plesa | Howard

Filed

Bill introduced by legislator

Committee

Hearing

Passed Cmte

Calendar

Passed

Sent

Enrolled

Governor

Signed

Filed

Bill introduced by legislator

In Committee

Hearing Scheduled

Passed Committee

Floor Calendar

Passed Chamber

Sent to Other Chamber

Passed Both Chambers

Sent to Governor

Signed into Law

89th Regular Session

Jan 14, 2025 - Jun 2, 2025 • Session ended

Awaiting Committee Assignment

Bill filed, pending referral to House committee

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What This Bill Does

Creates a legal cause of action for individuals who experience nonconsensual condom removal or alteration during sexual contact, allowing victims to sue for damages. If a person intentionally removes, modifies, or renders a condom less effective without their partner's consent and then proceeds with sexual contact, they can be held legally liable. The liable party may be required to pay actual damages (including mental anguish), reasonable attorney's fees, and potentially additional damages, providing a legal remedy for victims of this form of sexual violation.

Subject Areas

Crimes--Against Persons--Sexual CONDOMS Civil Remedies & Liabilities Crimes--Against Persons--General

Bill Text

relating to creating a cause of action for nonconsensual condom
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Title 4, Civil Practice and Remedies Code, is
amended by adding Chapter 98C to read as follows:
CHAPTER 98C.  LIABILITY FOR NONCONSENSUAL REMOVAL OR ALTERATION OF
Sec. 98C.001.  DEFINITIONS.  In this chapter:
(1)  "Consent" has the meaning assigned by Section
(2)  "Sexual contact" means contact between the anus or
sexual organ of an individual and the anus or sexual organ of
Sec. 98C.002.  LIABILITY FOR NONCONSENSUAL REMOVAL OR
ALTERATION OF CONDOM DURING SEXUAL CONTACT.  A defendant is liable
to an individual if the defendant, after intentionally removing,
altering, or otherwise rendering a condom less effective than
manufactured without the individual's consent, engages in sexual
contact with the individual without a condom if removed or using the
altered or less effective condom.
Sec. 98C.003.  DAMAGES.  (a)  A court shall award a claimant
who prevails in an action brought under this chapter:
(1)  actual damages, including damages for mental
(3)  reasonable attorney's fees.
(b)  In addition to an award under Subsection (a), a claimant
who prevails in an action brought under this chapter may recover
SECTION 2.  The change in law made by this Act applies only
to a cause of action that accrues on or after the effective date of
SECTION 3.  This Act takes effect September 1, 2025.