By: Leach, Johnson, Little, Cook, Meyer, H.B. No. 748
et al.
A BILL TO BE ENTITLED
AN ACT
relating to the enforceability of certain nondisclosure or
confidentiality provisions with respect to an act of sexual abuse.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as Trey's Law.
SECTION 2. Title 6, Civil Practice and Remedies Code, is
amended by adding Chapter 129C to read as follows:
CHAPTER 129C. AGREEMENTS PROHIBITING DISCLOSURES REGARDING SEXUAL
ABUSE
Sec. 129C.001. DEFINITION. In this chapter, "act of sexual
abuse" means conduct described by:
(1) Section 261.001(1)(E), (F), (G), (H), (K), or (L),
Family Code; or
(2) one or more of the following penal laws:
(A) indecency with a child under Section 21.11,
Penal Code;
(B) sexual assault under Section 22.011, Penal
Code;
(C) aggravated sexual assault under Section
22.021, Penal Code;
(D) sexual performance by a child under Section
43.25, Penal Code;
(E) trafficking of persons under Section
20A.02(a)(3), (4), (7), or (8), Penal Code; and
(F) compelling prostitution under Section 43.05,
Penal Code.
Sec. 129C.002. CERTAIN PROVISIONS UNENFORCEABLE. Any
provision of a nondisclosure or confidentiality agreement or
nondisclosure or confidentiality provision of an employment
agreement, settlement agreement, or any other agreement is void and
unenforceable as against the public policy of this state to the
extent the provision prohibits a person, including a party, from
disclosing an act of sexual abuse or facts related to an act of
sexual abuse to any other person. Nothing in this section may be
construed to prohibit a person, including a party, from agreeing to
keep confidential any other provision of a settlement agreement,
including the amount or payment terms of a settlement.
SECTION 3. (a) Subject to Subsection (b) of this section,
the change in law made by this Act applies to an agreement entered
into before, on, or after the effective date of this Act.
(b) A person, including a party, may not enforce or attempt
to enforce an agreement or a provision of an agreement described by
Section 129C.002, Civil Practice and Remedies Code, as added by
this Act, entered into before the effective date of this Act unless
the person obtains a declaratory judgment under Chapter 37, Civil
Practice and Remedies Code, that is final and not subject to appeal
and declares that the agreement or provision is enforceable.
SECTION 4. This Act takes effect September 1, 2025.