| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the enforceability of certain nondisclosure or |
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| 10 | 10 | | confidentiality provisions with respect to an act of sexual abuse. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. This Act may be cited as Trey's Law. |
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| 13 | 13 | | SECTION 2. Title 6, Civil Practice and Remedies Code, is |
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| 14 | 14 | | amended by adding Chapter 129C to read as follows: |
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| 15 | 15 | | CHAPTER 129C. AGREEMENTS PROHIBITING DISCLOSURES REGARDING SEXUAL |
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| 16 | 16 | | ABUSE |
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| 17 | 17 | | Sec. 129C.001. DEFINITION. In this chapter, "act of sexual |
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| 18 | 18 | | abuse" means conduct described by: |
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| 19 | 19 | | (1) Section 261.001(1)(E), (F), (G), (H), (K), or (L), |
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| 20 | 20 | | Family Code; or |
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| 21 | 21 | | (2) one or more of the following penal laws: |
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| 22 | 22 | | (A) indecency with a child under Section 21.11, |
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| 23 | 23 | | Penal Code; |
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| 24 | 24 | | (B) sexual assault under Section 22.011, Penal |
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| 25 | 25 | | Code; |
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| 26 | 26 | | (C) aggravated sexual assault under Section |
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| 27 | 27 | | 22.021, Penal Code; |
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| 28 | 28 | | (D) sexual performance by a child under Section |
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| 29 | 29 | | 43.25, Penal Code; |
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| 30 | 30 | | (E) trafficking of persons under Section |
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| 31 | 31 | | 20A.02(a)(3), (4), (7), or (8), Penal Code; and |
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| 32 | 32 | | (F) compelling prostitution under Section 43.05, |
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| 33 | 33 | | Penal Code. |
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| 34 | 34 | | Sec. 129C.002. CERTAIN PROVISIONS UNENFORCEABLE. Any |
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| 35 | 35 | | provision of a nondisclosure or confidentiality agreement or |
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| 36 | 36 | | nondisclosure or confidentiality provision of an employment |
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| 37 | 37 | | agreement, settlement agreement, or any other agreement is void and |
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| 38 | 38 | | unenforceable as against the public policy of this state to the |
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| 39 | | - | extent the provision prohibits a person, including a party, from |
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| 40 | | - | disclosing an act of sexual abuse or facts related to an act of |
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| 41 | | - | sexual abuse to any other person. Nothing in this section may be |
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| 42 | | - | construed to prohibit a person, including a party, from agreeing to |
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| 43 | | - | keep confidential any other provision of a settlement agreement, |
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| 44 | | - | including the amount or payment terms of a settlement. |
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| 45 | | - | SECTION 3. (a) Subject to Subsection (b) of this section, |
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| 46 | | - | the change in law made by this Act applies to an agreement entered |
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| 47 | | - | into before, on, or after the effective date of this Act. |
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| 48 | | - | (b) A person, including a party, may not enforce or attempt |
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| 49 | | - | to enforce an agreement or a provision of an agreement described by |
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| 50 | | - | Section 129C.002, Civil Practice and Remedies Code, as added by |
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| 51 | | - | this Act, entered into before the effective date of this Act unless |
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| 52 | | - | the person obtains a declaratory judgment under Chapter 37, Civil |
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| 53 | | - | Practice and Remedies Code, that is final and not subject to appeal |
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| 54 | | - | and declares that the agreement or provision is enforceable. |
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| 39 | + | extent the provision prohibits a party from disclosing an act of |
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| 40 | + | sexual abuse or facts related to an act of sexual abuse to any other |
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| 41 | + | person. Nothing in this section may be construed to prohibit a |
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| 42 | + | party from agreeing to keep confidential any other provision of a |
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| 43 | + | settlement agreement, including the amount or payment terms of a |
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| 44 | + | settlement. |
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| 45 | + | SECTION 3. The change in law made by this Act applies to an |
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| 46 | + | agreement entered into before, on, or after the effective date of |
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| 47 | + | this Act. |
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