89R3191 MZM-F
By: Gámez H.B. No. 1125
A BILL TO BE ENTITLED
AN ACT
relating to prohibited provisions in a settlement agreement between
a governmental agency and employee regarding a claim or complaint
involving sexual assault or certain unlawful conduct based on sex.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 5, Civil Practice and Remedies Code, is
amended by adding Chapter 118 to read as follows:
CHAPTER 118. GOVERNMENTAL AGENCY SETTLEMENT AGREEMENTS INVOLVING
SEXUAL ASSAULT OR SEX DISCRIMINATION CLAIMS
Sec. 118.001. APPLICABILITY. (a) This chapter applies to a
settlement agreement between a governmental agency and the agency's
employee related to a claim filed in a civil action or a complaint
filed in an administrative action involving:
(1) sexual assault or aggravated sexual assault; or
(2) an unlawful employment practice based on sex in
violation of Subchapter B, Chapter 21, Labor Code, or retaliation
that violates Section 21.055, Labor Code, in connection with an
unlawful employment practice based on sex in violation of
Subchapter B, Chapter 21, Labor Code.
(b) For purposes of Subsection (a), "sexual assault" and
"aggravated sexual assault" mean conduct described by Section
22.011 or 22.021, Penal Code, respectively.
Sec. 118.002. PROHIBITED PROVISIONS IN GOVERNMENTAL AGENCY
SETTLEMENT AGREEMENTS. (a) A settlement agreement to which this
chapter applies may not contain a provision that prevents the
disclosure of factual information related to the claim or complaint
unless the provision is requested by the employee.
(b) A provision that is prohibited by Subsection (a) in a
settlement agreement is void and unenforceable as against public
policy.
(c) In determining the factual foundation of a cause of
action for civil damages in an action involving a claim or complaint
described by Section 118.001, a court may consider the pleadings
and other papers in the record or any other findings of the court.
(d) This section does not prohibit the entry or enforcement
of a provision in a settlement agreement that prevents the
disclosure of the amount paid to settle the claim or complaint.
SECTION 2. The change in law made by this Act applies only
to a settlement agreement entered into on or after the effective
date of this Act.
SECTION 3. This Act takes effect September 1, 2025.