H.B. No. 748, also known as Trey's Law, introduces significant changes to the enforceability of nondisclosure and confidentiality agreements related to acts of sexual abuse in Texas. The bill adds Chapter 129C to the Civil Practice and Remedies Code, defining "act of sexual abuse" and specifying that any provision in a nondisclosure or confidentiality agreement that prohibits disclosure of such acts is void and unenforceable. This includes provisions in employment agreements, settlement agreements, or any other agreements that restrict individuals from reporting or discussing acts of sexual abuse. However, the bill clarifies that it does not prevent parties from agreeing to keep other aspects of a settlement confidential, such as payment terms.

The law applies to agreements made before, on, or after its effective date of September 1, 2025. However, for agreements entered into prior to this date, enforcement is only possible if a declaratory judgment is obtained, confirming the agreement's enforceability. This legislative change aims to enhance the protection of victims of sexual abuse by ensuring that they can speak out without fear of legal repercussions from confidentiality agreements.

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