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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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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as Trey's Law. |
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SECTION 2. 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 SEXUAL |
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ABUSE |
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Sec. 129C.001. DEFINITION. In this chapter, "act of sexual |
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abuse" means conduct described by: |
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(1) Section 261.001(1)(E), (F), (G), (H), (K), or (L), |
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Family Code; or |
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(2) 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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Sec. 129C.002. CERTAIN PROVISIONS UNENFORCEABLE. Any |
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provision of a nondisclosure or confidentiality agreement or |
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nondisclosure or confidentiality provision of an employment |
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agreement, settlement agreement, or any other agreement is void and |
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unenforceable as against the public policy of this state to the |
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extent the provision prohibits a person, including a party, from |
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disclosing an act of sexual abuse or facts related to an act of |
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sexual abuse to any other person. Nothing in this section may be |
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construed to prohibit a person, including a party, from agreeing to |
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keep confidential any other provision of a settlement agreement, |
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including the amount or payment terms of a settlement. |
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SECTION 3. (a) Subject to Subsection (b) of this section, |
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the change in law made by this Act applies to an agreement entered |
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into before, on, or after the effective date of this Act. |
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(b) A person, including a party, may not enforce or attempt |
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to enforce an agreement or a provision of an agreement described by |
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Section 129C.002, Civil Practice and Remedies Code, as added by |
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this Act, entered into before the effective date of this Act unless |
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the person obtains a declaratory judgment under Chapter 37, Civil |
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Practice and Remedies Code, that is final and not subject to appeal |
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and declares that the agreement or provision is enforceable. |
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SECTION 4. This Act takes effect September 1, 2025. |