Bill to prohibit NDAs for sexual abuse cases has been signed into law

AUSTIN, Texas – UPDATE 6/23, 4:30 a.m.: A bill that would prevent the use of non-disclosure agreements in civil settlements for sexual abuse victims has been signed into law.

Governor Greg Abbott signed Senate Bill 835, also known as “Trey’s Law,” on June 20.

The bill was sent to the governor’s desk on May 26 after a third reading in the House. According to the Texas Legislature website, it passed unanimously.

The law will go into effect on Sept. 1.

Background:

The bill aims to stop non-disclosure agreements (NDAs) that would prevent a sexual abuse victim from notifying or disclosing facts regarding acts of sexual abuse during an investigation related to a resolution in the case, according to a press release. This would include the identity of the offender.

The bill originally targeted crimes against victims of child sexual abuse (CSA) but was broadened to include sexual abuse and trafficking of any age after testimony from survivors supported language that would apply to victims of all ages.

The Texas House of Representatives voted 144-0 to send SB 835 to Governor Abbott’s desk after a third reading, the release stated.

During the second reading, the bill received a rare vote from the Speaker of the House, Representative Dustin Burrows, R-Lubbock.

While the Speaker of the House has the right to vote, they typically abstain to maintain neutrality. If the speaker votes, it is usually only to break a tie or in a procedural matter, the release said.

Senator Angela Paxton, R-McKinney, authored SB 835. House Rep. Jeff Leach, R-Plano, authored an identical House companion.

Before the bill passed, Leach said, “It’s been a collective collaborative effort, both sides of the aisle. Members here and in the Senate have really locked arms with survivors and with victims.”

Trey Carlock, for whom the bill is named, was from Dallas, Texas, and a survivor of child sex abuse. According to the Trey’s Law website, he died by suicide at 28 after being retraumatized by a civil litigation process against Kanakuk Ministries.

The website said the former director of this organization, Pete Newman, groomed and sexually abused Trey and others during his time at the Missouri-based Christian sports camp.

Carlock needed to file civil litigation at 23 to meet the state’s civil statute of limitations for CSA cases when his abuse became known through a criminal investigation in 2009.

This led to the ministry placing him and others under settlements and restrictive NDAs, which kept important information about Newman from being revealed to the public.

According to the website, before Trey’s death, he told a therapist that he felt controlled and would “never be free” from the abuse.

A version of Trey’s Law has been passed in Tennessee, while California and Florida have similar laws prioritizing victims over confidentiality agreements.

Missouri’s proposed “Trey’s Law” has passed, according to the website.

Related Coverage on KSAT:

• Proposed Texas bill to end NDAs for child sex abuse cases passes House unanimously