HB748 - Relating to the enforceability of certain nondisclosure or confidentiality provisions with respect to an act of sexual abuse.

      By: Leach, et al. (Senate Sponsor - Paxton, et al.) H.B. No. 748          (In the Senate - Received from the House April 9, 2025;   May 6, 2025, read first time and referred to Committee on State   Affairs; May 15, 2025, reported favorably by the following vote:     Yeas 10, Nays 0; May 15, 2025, sent to printer.) Click here to see the committee vote     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 person, including 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 person, including 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.  (a)  Subject to Subsection (b) of this section,   the change in law made by this Act applies to an agreement entered   into before, on, or after the effective date of this Act.          (b)  A person, including a party, may not enforce or attempt   to enforce an agreement or a provision of an agreement described by   Section 129C.002, Civil Practice and Remedies Code, as added by   this Act, entered into before the effective date of this Act unless   the person obtains a declaratory judgment under Chapter 37, Civil   Practice and Remedies Code, that is final and not subject to appeal   and declares that the agreement or provision is enforceable.          SECTION 4.  This Act takes effect September 1, 2025.     * * * * *