89R9201 AMF-D
By: Paxton S.B. No. 835
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
committed against a child.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 6, Civil Practice and Remedies Code, is
amended by adding Chapter 129C to read as follows:
CHAPTER 129C. AGREEMENTS PROHIBITING DISCLOSURES REGARDING CHILD
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:
(1) prohibits a party from notifying, or limits the
party's ability to notify, a local or state law enforcement agency
or any state or federal regulatory agency of any act of sexual abuse
committed against a child; or
(2) prohibits a party from disclosing to any person,
including during any related investigation, prosecution, legal
proceeding, or dispute resolution, facts surrounding any act of
sexual abuse committed against a child, including the identity of
the alleged offender.
SECTION 2. The change in law made by this Act applies to an
agreement entered into before, on, or after the effective date of
this Act.
SECTION 3. This Act takes effect September 1, 2025.