Employment / 2 min read
On September 1, 2025, Texas followed several other states in implementing Trey's Law (Senate Bill 835). The law is codified in Chapter 129C of the Texas Civil Practice and Remedies Code. It is named after a young man who died by suicide after he reported abuse by a camp counsellor and signed a non-disclosure agreement (NDA) preventing him from discussing it. After he settled the case, he learned that serious allegations were raised that the abuse had been concealed for years through a series of similar settlements and NDAs.
Trey's Law applies to both civil and employment agreements involving acts of sexual abuse. The statute defines "act of sexual abuse" to include a range of serious criminal offenses under Texas law, such as:
- Indecency with a child
- Sexual assault and aggravated sexual assault
- Sexual performance by a child
- Human trafficking (including both adult and child victims)
- Compelling prostitution
The law is not limited to child victims; the prohibitions against an NDA apply to adults who have been victims of a listed offense. The law applies retroactively, invalidating existing NDAs unless a court specifically upholds them through a declaratory judgment.
Trey's Law is focused on serious criminal sexual conduct. It does not apply to cases of sexual harassment unless the conduct rises to the level of criminal sexual abuse as defined by the statute. For example, workplace sexual harassment that does not involve assault, indecency, or trafficking is not covered by this law and may still be subject to confidentiality agreements, provided they do not violate other state or federal laws.
Additionally, the law does not prohibit confidentiality regarding other aspects of a settlement. The parties may still agree to keep the amount of a settlement, payment terms, or unrelated provisions confidential. The restriction is specifically on prohibiting disclosure of the facts or allegations of sexual abuse itself.
Trey's Law also does not allow a private right of action, meaning that the settling victim cannot sue for damages based on signing a prohibited NDA. Instead, the law voids any NDA provision that prohibits disclosure of the underlying facts, allowing the victim to discuss the underlying conduct.
Parties and legal counsel should be aware that, when the allegations of sexual harassment in the workplace rise to the level of a penal code violation, the settlement agreement cannot prohibit the claimant from discussing the conduct. Counsel and the parties will need to review their documentation and omit any such prohibited NDAs. Texas has not yet expanded this protection to individuals claiming less serious acts of sexual contact or harassment, as have California, New York, New Jersey, Illinois, Oregon, Washington, Maryland, and Nevada.