Texas Drag Show Law Ruling: What SB 12 Does in 2026

Last verified November 5, 2026 against current Texas law

The Texas drag show law ruling is easy to misread because headlines call SB 12 a “drag ban” while the text of the law never uses the word drag. The bill targets “sexually oriented performances” and it has bounced between a federal trial court and the Fifth Circuit since 2023. This page explains what the law says, what each court decided, and what it means for venues, performers and families today.

Law	Senate Bill 12 (2023), signed June 18, 2023
Covers	Sexually oriented performances, not drag as a type of entertainment
Statutes	Health and Safety Code § 769.002, Local Government Code § 243.0031, Penal Code § 43.28
Criminal penalty	Class A misdemeanor: up to 1 year in jail and a $4,000 fine
Latest ruling	August 25, 2026: U.S. District Judge David Hittner declared SB 12 unconstitutional and barred the Attorney General from enforcing it
What is next	Paxton announced an appeal to the Fifth Circuit

Did Texas ban drag shows?

No, not by name. SB 12 does not mention drag, and Texas has no law that bans drag performances as such. Adults can attend drag shows, and performers can still hold them, including all-ages brunches and story hours, as long as the performance is not sexually oriented under the statute. That is why many legal writers say the “drag ban” label overstates what the bill actually does.

The bill does reach some drag acts, though, because it covers any performance by a person who is nude or engages in sexual conduct and appeals to a prurient interest in sex. A drag show that meets that definition in front of a child falls inside the bill. A family-friendly one does not.

What does the Texas drag show law say?

SB 12 works through three separate pieces. Each one sits in a different Texas code, which is why court rulings can affect them differently.

Part	Where it sits	What it does
Section 1: venues	Health and Safety Code § 769.002	A business that controls the premises may not allow a sexually oriented performance in front of anyone under 18. The Attorney General enforces it with civil penalties.
Section 2: cities and counties	Local Government Code § 243.0031	Local governments may regulate sexually oriented performances as they consider necessary for public health, safety or welfare.
Section 3: performers	Penal Code § 43.28	Engaging in a sexually oriented performance on public property where a child could reasonably be expected to view it, or in front of anyone under 18, is a Class A misdemeanor.

The law defines “sexually oriented performance” as a visual performance where a person is nude or engages in sexual conduct and the act appeals to a prurient interest in sex. The term “visual performance” is not defined, and that gap is central to the court fights.

Texas drag show law ruling: what the courts decided

The case began as Woodlands Pride v. Paxton, filed in August 2023, and it is now captioned Extragrams LLC, 360 Queen Entertainment LLC and Brigitte Bandit v. Paxton. Here is the timeline.

June 18, 2023	Governor Greg Abbott signs SB 12, set to take effect September 1, 2023.
August 31, 2023	A federal judge issues a temporary restraining order.
September 26, 2023	Judge David Hittner (Southern District of Texas, Houston) issues a permanent injunction, finding SB 12 unconstitutional.
November 6, 2025	A Fifth Circuit panel issues an opinion vacating that injunction. It later withdrew and replaced that opinion.
February 25, 2026	The Fifth Circuit issues its substituted opinion, again vacating the injunction. It held two groups lacked standing, said the business 360 Queen could sue, and sent the First Amendment and vagueness questions back to the trial court.
March 2026	With the injunction gone, SB 12 is in effect while the case continues.
August 25, 2026	Judge Hittner again finds SB 12 unconstitutional, declares it an unconstitutional restriction on speech and enjoins the Attorney General from enforcing it.

In the August 2026 findings the judge reasoned that the law is overbroad and vague. He wrote that a single moment of eroticism could condemn an entire performance, and that the language could reach sports events, dance contests and musicals with an audience. That reasoning is why the ruling matters beyond drag.

Is the Texas drag show law in effect right now?

Based on the most recent reporting we could verify, the law is blocked: the August 2026 final judgment bars the Attorney General from enforcing SB 12. Two cautions apply. First, Paxton said he would appeal, and an appeals court can pause or reverse a ruling, as the Fifth Circuit did in February 2026. Second, the judgment names the Attorney General, so it is not clear that it stops every local prosecutor or city from acting on its own authority.

If you run a venue or perform, check for any new Fifth Circuit order before you rely on the August ruling. This page will be updated when the appeal moves.

Are drag shows illegal in Texas?

No. Drag is protected expression, and adults can attend and perform in drag shows across the state. What the law targets, and what other statutes already cover, is sexually explicit conduct in front of minors. Penal Code § 43.24 already makes it a crime to sell or show sexual material harmful to minors, and Texas has had obscenity laws for decades. For related adult content rules, see our guide on whether porn is illegal in Texas.

Real situations: what the rules mean in practice

A bar hosts a Sunday drag brunch with children at the table

A brunch with costumes, lip-syncing and no nudity or sexual conduct is not a sexually oriented performance, so SB 12 would not apply even if it were fully in force. The risk comes from the fuzzy wording, which is why some venues added age limits.

A theater company stages a musical with a suggestive scene

This is the scenario the judge raised. Because the statute is broad and “visual performance” is undefined, he said it could reach ordinary entertainment, which is part of why he found it vague.

A city wants to restrict a drag event in a public park

Section 2 lets a city or county regulate sexually oriented performances, but any local rule still has to respect the First Amendment. Courts have treated drag as protected speech unless it is obscene.

Myths vs. facts

Myth	Fact
“Texas banned drag.”	SB 12 never uses the word drag. It covers sexually oriented performances, and a federal court has now blocked it twice.
“Kids can never attend a drag show.”	The law targets sexual content, not drag costumes or lip-syncing.
“The ruling ended the case.”	Paxton has said he will appeal, and the Fifth Circuit has already vacated this judge’s earlier injunction.
“Only drag performers are affected.”	The wording could apply to many kinds of live performance, which is a key reason the judge struck it down.

Is dragon’s breath legal in Texas?

This question shows up next to the drag searches, but it is a separate topic: dragon’s breath is a shotgun round that throws burning magnesium fragments. Texas Penal Code § 46.05 lists the prohibited weapons, and dragon’s breath is not named in it. Whether a particular round could fall under the statute’s “explosive weapon” category is a question we have not verified, so check with a licensed Texas attorney before buying or using one. Fire safety matters just as much: firing one during a county burn ban or on dry land can lead to criminal charges and civil liability if it starts a wildfire. See our Texas burn ban guide and our overview of Texas gun laws.

Texas drag law compared with Arkansas

State	Status
Texas	SB 12 (2023) targets sexually oriented performances; blocked in federal court as of August 2026
Arkansas	Passed Senate Bill 43 in 2023 restricting “adult-oriented performances”; the final text, like Texas, does not use the word drag

Frequently asked questions

Did Texas ban drag shows?

No. Texas SB 12 restricts sexually oriented performances and never mentions drag. A federal judge declared it unconstitutional on August 25, 2026, and Paxton said he would appeal. Adults can still attend drag shows, and family-friendly events are not covered by the law’s definition.

Are drag shows illegal in Texas?

No. Drag shows are legal in Texas. What can be illegal is a performance that is nude or sexual and appeals to a prurient interest in front of a minor or on public property, and even those rules are currently blocked from enforcement by the Attorney General.

Is drag banned in Texas?

Not as an art form. No Texas statute bans drag. SB 12 was widely called a drag ban in news coverage, but its text reaches sexual content, and the courts have found it too broad and vague to enforce.

What is the penalty under SB 12?

The performer penalty is a Class A misdemeanor under Penal Code § 43.28, which carries up to one year in jail and a fine of up to $4,000. Venues face civil penalties enforced by the Attorney General under Health and Safety Code § 769.002.

Who is Judge David Hittner?

He is a U.S. District Judge in the Southern District of Texas, Houston Division. He struck down SB 12 in September 2023 and again in August 2026 after the Fifth Circuit sent the case back to him.

Can a Texas city ban drag shows?

A city can regulate sexually oriented performances under Local Government Code § 243.0031, but it cannot ban protected speech. A rule aimed at drag as such would face First Amendment challenges.

If this affects you: if you run a venue or perform and are unsure whether an event is covered, talk to a Texas-licensed First Amendment or entertainment attorney. This guide is general legal information, not advice for your situation. Read how we research every guide in our editorial policy, or report an error.