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A BILL TO BE ENTITLED
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AN ACT
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relating to the enforceability of certain nondisclosure or |
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confidentiality provisions with respect to an act of sexual abuse |
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committed against a child. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 6, Civil Practice and Remedies Code, is |
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amended by adding Chapter 129C to read as follows: |
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CHAPTER 129C. AGREEMENTS PROHIBITING DISCLOSURES REGARDING CHILD |
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SEXUAL ABUSE |
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Sec. 129C.001. DEFINITIONS. In this chapter: |
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(1) "Act of sexual abuse" means conduct described by |
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one or more of the following penal laws: |
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(A) indecency with a child under Section 21.11, |
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Penal Code; |
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(B) sexual assault under Section 22.011, Penal |
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Code; |
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(C) aggravated sexual assault under Section |
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22.021, Penal Code; |
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(D) sexual performance by a child under Section |
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43.25, Penal Code; |
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(E) trafficking of persons under Section |
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20A.02(a)(3), (4), (7), or (8), Penal Code; and |
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(F) compelling prostitution under Section 43.05, |
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Penal Code. |
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(2) "Child" means a person younger than 17 years of |
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age. |
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Sec. 129C.002. CERTAIN PROVISIONS UNENFORCEABLE. Any |
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provision of a nondisclosure or confidentiality agreement, |
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employment agreement, settlement agreement, or any other agreement |
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is void and unenforceable as against the public policy of this state |
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to the extent the provision: |
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(1) prohibits a party from notifying, or limits the |
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party's ability to notify, a local or state law enforcement agency |
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or any state or federal regulatory agency of an act of sexual abuse |
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committed against a child; or |
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(2) prohibits a party from disclosing to any person, |
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including during any related investigation, prosecution, legal |
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proceeding, or dispute resolution, facts surrounding any act of |
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sexual abuse committed against a child, including the identity of |
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the alleged offender. |
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SECTION 2. The change in law made by this Act applies to an |
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agreement entered into before, on, or after the effective date of |
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this Act. |
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SECTION 3. This Act takes effect September 1, 2025. |