What happened?

On June 21, 2025, Texas lawmakers enacted Senate Bill 835, known as Trey’s Law, to prohibit the use of nondisclosure agreements (NDAs) that silence victims of sexual abuse or assault.

Overview:

What the Law Does: Trey’s Law makes it illegal to include confidentiality or nondisclosure provisions in any agreement, including employment or settlement agreements, that prevent someone from disclosing:

• Sexual abuse or assault.
• Facts related to such abuse.
• This applies to all agreements, whether signed before or after the law’s effective date of September 1, 2025 (Retroactive effect).

What Is Still Allowed

• Confidentiality of settlement amounts and payment terms.
• Protection of trade secrets and proprietary information.

What Counts as Sexual Abuse: The law defines “sexual abuse” to include:

• Child abuse (as defined in the Texas Family Code).
• Indecency with a child.
• Sexual assault and aggravated sexual assault.
• Sexual performance by a child.
• Human trafficking (certain provisions).
• Compelling prostitution.
• Sexual harassment is not covered unless it meets the definition of criminal sexual abuse.

Recommended Actions for Employers:

1. Review and update all NDAs and confidentiality clauses.
2. Include savings clauses (e.g., “except as prohibited by law”).
3. Train HR and legal teams on the scope and implications of the law.
4. Update policies to reinforce a safe, respectful workplace.

Source References

• Texas SB 835 – Relating to the enforceability of certain nondisclosure or confidentiality provisions with respect to an act of sexual abuse
• Bill Sponsor Press Release

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