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Signed Into Law
Signed June 20, 2025Effective 2025-09-01
SB835

Regular Session

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

Government Affairs & Regulatory Compliance Analysis

SB835: Government Affairs Overview

SB835 (Trey’s Law) fundamentally eliminates the legal enforceability of nondisclosure agreements (NDAs) regarding acts of sexual abuse, human trafficking, and compelling prostitution. This legislation is retroactive, voiding confidentiality clauses in past, present, and future agreements. Organizations can no longer utilize settlement agreements to guarantee silence regarding the facts of these specific criminal acts, forcing a complete overhaul of risk management strategies for employment and liability disputes.

Sen. Angela Paxton·Senate Bill·Regular Session

Critical
Low Cost
Effective:2025-09-01

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SB835
Critical
Relating to the enforceability of certain nondisclosure or confidentiality provisions with respect to an act of sexual abuse.
Critical Compliance Urgency
Requires immediate attention
Cost Impact
Low
Effective
2025-09-01
Enforcing Agencies
Texas Civil Courts
Primary Author: Sen. Angela Paxton
89th Texas Legislature
jdkey.com
01

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

  • Effective Date: September 1, 2025
  • Compliance Deadline: Immediate. While the law takes effect in September, agreements signed today are subject to the retroactive provisions. You must stop using non-compliant NDA templates immediately to avoid executing void contracts.
  • Agency Rulemaking: None. This statute is self-executing and enforced through the Texas Civil Courts. There will be no regulatory grace period or agency guidance issued.

Immediate Action Plan

  • 1. Stop using current NDA/Settlement templates for any matter involving sexual misconduct allegations effective immediately.
  • 2. Draft a mandatory carve-out clause for all future settlement agreements distinguishing between confidential financial terms and non-confidential factual allegations.
  • 3. Audit pending litigation and open claims; adjust settlement valuations recognizing that confidentiality is no longer a bargaining chip.
  • 4. Instruct outside counsel to review the specific Penal Code citations in SB835 to understand the exact threshold between "harassment" and "abuse."

Operational Changes Required

Contracts

  • Settlement & Separation Agreements: You must revise standard release templates immediately.
  • Bifurcation Required: You may continue to keep the settlement amount and payment terms confidential. You cannot prohibit the disclosure of factual information regarding the abuse.
  • Savings Clause: Insert a carve-out provision in all general releases: *"Nothing in this agreement prohibits the disclosure of factual information regarding an act of sexual abuse as defined by Texas Civil Practice and Remedies Code Chapter 129C."*
  • Non-Disparagement Clauses: Review broad non-disparagement clauses in employment contracts. Ensure they cannot be interpreted to penalize the reporting of criminal sexual conduct, as this may render the clause void.

Hiring/Training

  • HR & Legal Training: Human Resources and in-house counsel must be trained that "buying silence" for sexual misconduct allegations is no longer a legally available option in Texas.
  • Investigation Protocols: Internal investigators must assume that witness statements and investigation findings regarding sexual abuse allegations are discoverable and potentially public, as confidentiality agreements covering these facts are now unenforceable.

Reporting & Record-Keeping

  • Legacy Contract Audit: Legal departments must identify pre-2025 settlement agreements involving sexual abuse allegations. Mark these files as "Unenforceable NDA."
  • Enforcement Bar: Do not attempt to send "Cease and Desist" letters regarding these specific legacy NDAs. The law requires you to obtain a final declaratory judgment from a court before enforcing a pre-2025 agreement—a process that effectively publicizes the information you seek to suppress.

Fees & Costs

  • Litigation Strategy: Expect higher settlement demands or increased litigation frequency. Without the value of a confidentiality premium, plaintiffs may have less incentive to settle early.
  • Insurance: Consult your Employment Practices Liability Insurance (EPLI) carrier. Clarify how the inability to enforce confidentiality impacts your "duty to cooperate" and settlement authority within your policy.

Strategic Ambiguities & Considerations

  • "Facts Related To": The statute allows disclosure of "facts related to an act of sexual abuse." It is currently undefined whether this extends solely to the victim's testimony or if it includes internal company emails, HR investigation reports, and third-party witness statements. Adopt a conservative posture and assume broad discoverability.
  • Sexual Harassment vs. Abuse: The law specifically cites Penal Code definitions (e.g., Sexual Assault, Indecency with a Child). It does not explicitly list "Sexual Harassment." However, severe harassment often meets the elements of "Assault" (unwanted touching). Do not rely on the semantic distinction of "harassment" to uphold an NDA if the underlying conduct could be charged as assault.

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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

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Legislative Timeline

This bill's path through the Texas Legislature

Filed
Jan 17, 2025
Passed Senate
May 15, 2025
Passed House
May 26, 2025
Signed
Jun 20, 2025
Effective
Sep 1, 2025
TopicsCivil Remedies & LiabilitiesCrimesCrimes--against PersonsCrimes--against Persons--sexualMinorsMinors--crimes AgainstTrey's LawHuman TraffickingProstitutionSexual Assault
03

Senate Authors

Sen. Angela PaxtonRepublican · Primary Author
Coauthors (14)

House Sponsors

Rep. Jeff LeachRepublican · Primary Sponsor
Joint Sponsors
Cosponsors (13)

Bill Text(with markup)

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

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Quick Reference

Frequently Asked Questions

Common questions about SB835

Q

What does Texas SB835 do?

SB835 (Trey’s Law) fundamentally eliminates the legal enforceability of nondisclosure agreements (NDAs) regarding acts of sexual abuse, human trafficking, and compelling prostitution. This legislation is retroactive, voiding confidentiality clauses in past, present, and future agreements. Organizations can no longer utilize settlement agreements to guarantee silence regarding the facts of these specific criminal acts, forcing a complete overhaul of risk management strategies for employment and liability disputes.

Q

Who authored SB835?

SB835 was authored by Texas Senator Angela Paxton during the Regular Session.

Q

When was SB835 signed into law?

SB835 was signed into law by Governor Greg Abbott on June 20, 2025.

Q

Which agencies enforce SB835?

SB835 is enforced by Texas Civil Courts (Judiciary).

Q

How significant are the changes in SB835?

The regulatory priority for SB835 is rated as "critical". Businesses and organizations should review the legislation to understand potential impacts.

Q

What is the cost impact of SB835?

The cost impact of SB835 is estimated as "low". This may vary based on industry and implementation requirements.

Q

What topics does SB835 address?

SB835 addresses topics including civil remedies & liabilities, crimes, crimes--against persons, crimes--against persons--sexual and minors.

Q

What are the key dates for SB835?

Key dates for SB835: Effective date is 2025-09-01. Consult with legal counsel regarding applicability.

Q

What are the penalties under SB835?

SB835 establishes the following penalties: civil penalty of Nullification of Contract Terms for Any provision in employment, settlement, or other agreements prohibiting the disclosure of an act of sexual abuse is deemed void and unenforceable against public policy.. Consult with legal counsel for specific applicability to your situation.

Need Strategic Guidance on This Legislation?

JD Key Consulting is an Austin, Texas-based government affairs firm led by James Dickey, former Chairman of the Republican Party of Texas. We specialize in Texas regulatory compliance and legislative strategy for data centers, energy, banking, and manufacturing.

Legislative data provided by LegiScanLast updated: January 11, 2026