Texas Drag Ban: SB 12 Scope, Penalties, and Enforcement Status

The Texas drag ban, formally Senate Bill 12, does not outlaw drag performance as such. It restricts what the statute calls “sexually oriented performances” on public property and in any commercial venue where a minor is present. The law was blocked by a federal district court for roughly two years, but the Fifth Circuit vacated that injunction on February 25, 2026, and SB 12 is now enforceable while the underlying case continues. Performers who violate it face a Class A misdemeanor; venues face civil penalties of up to $10,000 per violation.

What Counts as a Sexually Oriented Performance

SB 12 defines a “sexually oriented performance” as a visual performance that features either a nude performer or a performer engaging in sexual conduct, and that appeals to the prurient interest in sex.¹ Both parts have to be present. A drag brunch where performers lip-sync in evening gowns doesn’t meet the definition on its own. The law engages when the conduct crosses into what the statute treats as sexual.

“Sexual conduct” is spelled out in the statute. It covers real or simulated sex acts, including masturbation; contact between a person and another person’s buttocks, breasts, or genitals; and the display of sexual gestures using accessories or prosthetics that exaggerate male or female sexual characteristics.¹

That last category is the one that has drawn the most argument, because it could reach padded costumes or exaggerated body suits common in drag and burlesque. Whether a given costume “exaggerates sexual characteristics” enough to qualify is a judgment call, and it is the kind of judgment call that fueled the challengers’ vagueness argument.

Where the Law Applies

Public Property

SB 12 prohibits sexually oriented performances on any property owned by the state or a local government, including parks, libraries, and public plazas. The criminal offense on public property carries an important qualifier: it applies only when the performance occurs “at a time, in a place, and in a manner that could reasonably be expected to be viewed by a child.”¹ A late-night show in a fenced-off, age-restricted area of a public park has a stronger argument than an afternoon performance in an open plaza.

Separately, the law bars municipalities and counties from authorizing sexually oriented performances on public property. Local governments cannot issue permits for events that include this kind of performance on government-owned land.¹

Commercial Venues

At private businesses such as restaurants, bars, and theaters, the law prohibits sexually oriented performances in the presence of anyone under 18.¹ The responsibility falls on the person who controls the premises. If a qualifying performance takes place and a minor is present, the venue operator is exposed regardless of whether they knew a minor was in the room. In practice, that pushes venues toward age verification at the door or adult-only entry for any show that might meet the statute’s definition.

Penalties for Performers and Venues

The law separates who pays what.

A performer who engages in a sexually oriented performance in front of a minor, or on public property under the conditions above, commits a Class A misdemeanor. That carries up to one year in county jail, a fine of up to $4,000, or both, and leaves a permanent criminal record on conviction.¹²
The person controlling a commercial venue faces a civil penalty of up to $10,000 for each violation. The Texas Attorney General is authorized to sue to recover the fine or to obtain an injunction against further violations.¹

The venue penalty is per-violation. A single event with several qualifying performances could generate several $10,000 fines, and the injunction remedy raises the stakes for any venue that hosts more than once.

Why the Law Is Enforceable Again

Before SB 12 could be enforced, a group of drag performers, entertainment companies, and pride organizations filed a pre-enforcement challenge in federal court. In Woodlands Pride v. Paxton, the district court agreed that the statute was unconstitutionally vague and violated the First Amendment, and it issued a permanent injunction blocking enforcement.³ For roughly two years, no fines were collected and no charges were brought under SB 12.

On February 25, 2026, the Fifth Circuit Court of Appeals vacated the injunction and sent the case back to the district court. The appellate court did not hold that SB 12 is constitutional. It held that the lower court had used the wrong legal framework and that most of the plaintiffs lacked standing to sue most of the defendants. Only one plaintiff, 360 Queen Entertainment, was found to have standing, and only against the Attorney General on the commercial-venue provisions.⁴

The plaintiffs have sought U.S. Supreme Court review; a docket entry (No. 25-904) was filed in February 2026, and the Court had not acted on the petition at the time of this writing.³ The district court could reimpose an injunction after redoing its analysis under the standard the Fifth Circuit set out, but nothing prevents enforcement in the meantime.

What This Means for Performers and Venues Now

Both the criminal and civil penalties are live. Anyone performing in or hosting a show that could meet the statute’s definition of a sexually oriented performance should treat the law as active and enforceable in 2026.

For performers, the practical dividing line is the definition of sexual conduct in the statute itself. A costumed lip-sync set is not what SB 12 targets. Simulated sex acts, contact with breasts or genitals, or prosthetics used to exaggerate sexual characteristics are. Any performance that includes those elements is subject to the criminal offense if a minor is in the audience or if the show is on public property where a child could reasonably be expected to see it.

For venues, the safer posture is to treat any borderline show as adults-only and to verify ages at the door. The $10,000 civil penalty is per violation, which compounds quickly, and the Attorney General can seek an injunction on top of the fines.

The larger constitutional question has not been answered. The Fifth Circuit said the district court applied the wrong test, not that SB 12 would survive the right one. Until the district court rules again or the Supreme Court steps in, the law is on the books and the risk is real.

1
Texas Legislature Online. Texas Senate Bill 12 – Sexually Oriented Performances
2
State of Texas. Texas Penal Code Section 12.21 – Class A Misdemeanor
3
Justia. Woodlands Pride v. Paxton
4
United States Court of Appeals for the Fifth Circuit. United States Court of Appeals for the Fifth Circuit Opinion 23-20480