SB835

Regular Session

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

CriticalImmediate action required

Low Cost

Effective:2025-09-01

Enforcing Agencies

Texas Civil Courts (Judiciary)

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.

Need Help Understanding Implementation?

Our government affairs experts can walk you through this bill's specific impact on your operations.

Schedule Consultation

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.

Legislative Timeline

This bill's path through the Texas Legislature

TopicsCivil Remedies & Liabilities Crimes Crimes--against Persons Crimes--against Persons--sexual Minors Minors--crimes Against Trey's Law Human Trafficking Prostitution Sexual Assault

Official Analysis

View HRO Analysis View All Bill Documents

BILL ANALYSIS

Senate Research Center	S.B. 835
89R9201 AMF-D	By: Paxton
	State Affairs
	5/6/2025
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

While non-disclosure agreements (NDAs) have a legitimate use for some business information, such as trade secrets or protecting sensitive client information, NDAs are also used to silence childhood sexual abuse victims. This protects predators and the youth-serving organizations or institutions whose negligence enabled the abuse.

Not only does this silence prevent justice from being served in the victim's specific case, the absence of justice endangers additional children who may be future victims of the same perpetrator.

S.B. 835 prohibits and invalidates the usage of non-disclosure agreements in settlement agreements relating to child sexual abuse.

As proposed, S.B. 835 amends current law relating to the enforceability of certain nondisclosure or confidentiality provisions with respect to an act of sexual abuse committed against a child.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. �Amends Title 6, Civil Practice and Remedies Code, by adding Chapter 129C, as follows:

CHAPTER 129C.� AGREEMENTS PROHIBITING DISCLOSURES REGARDING CHILD SEXUAL ABUSE

Sec. 129C.001.� DEFINITION.� Defines "act of sexual abuse."

Sec. 129C.002.� CERTAIN PROVISIONS UNENFORCEABLE.� Provides that 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:

(1)� prohibits a party from notifying, or limits the party's ability to notify, a local or state law enforcement agency or any state or federal regulatory agency of any act of sexual abuse committed against a child; or

(2) prohibits a party from disclosing to any person, including during any related investigation, prosecution, legal proceeding, or dispute resolution, facts surrounding any act of sexual abuse committed against a child, including the identity of the alleged offender.

SECTION 2.� Provides that 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 3.� Effective date: September 1, 2025.

Bill Text(with markup)

S.B. No. 835

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	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.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


May 8, 2025

TO:	Honorable Bryan Hughes, Chair, Senate Committee on State Affairs

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	SB835 by Paxton (Relating to the enforceability of certain nondisclosure or confidentiality provisions with respect to an act of sexual abuse committed against a child.), As Introduced

No significant fiscal implication to the State is anticipated.

It is assumed that any costs associated with the bill could be absorbed using existing resources.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies:

212 Office of Court Administration, Texas Judicial Council

LBB Staff:

JMc, WP, JPa

Related Legislation

Explore more bills from this author and on related topics

Frequently Asked Questions

Common questions about SB835

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.

Who authored SB835?

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

When was SB835 signed into law?

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

Which agencies enforce SB835?

SB835 is enforced by Texas Civil Courts (Judiciary).

How urgent is compliance with SB835?

The compliance urgency for SB835 is rated as "critical". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

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.

What topics does SB835 address?

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

Legislative data provided by LegiScanLast updated: November 25, 2025

Need Strategic Guidance on This Bill?

Need help with Government Relations, Lobbying, or compliance? JD Key Consulting has the expertise you're looking for.