| |
| |
|
|
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 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 |
|
|
party from agreeing to keep confidential any other provision of a |
|
|
settlement agreement, including the amount or payment terms of a |
|
|
settlement. |
|
|
SECTION 3. 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 4. This Act takes effect September 1, 2025. |