For survivors of sexual abuse, speaking about what happened can be an important part of healing, protecting others, and holding both perpetrators and enabling institutions accountable. Yet for years, some survivors have been required to sign nondisclosure or confidentiality agreements that restricted them from discussing their own experiences.
Texas has now declared that practice contrary to public policy.
Trey's Law, enacted as Senate Bill 835 and codified in Chapter 129C of the Texas Civil Practice and Remedies Code, took effect on September 1, 2025. The law makes certain nondisclosure and confidentiality provisions void and unenforceable when they prevent a person from disclosing a covered act of sexual abuse or facts related to that abuse.
What Trey's Law Does
The law applies broadly to confidentiality language contained in settlement agreements, employment agreements, nondisclosure agreements, and other agreements. If a provision prohibits a person from disclosing an act of sexual abuse — or the facts related to that abuse — the provision is void and unenforceable to that extent.
The statute covers conduct identified in specified provisions of the Texas Family Code and Penal Code, including certain forms of child sexual abuse, indecency with a child, sexual assault, aggravated sexual assault, sexual performance by a child, trafficking for sexual conduct, and compelling prostitution.
Importantly, Trey's Law does not necessarily make every part of a settlement public. The statute expressly permits the parties to agree that other settlement terms, including the settlement amount or payment terms, will remain confidential. The crucial distinction is that an agreement cannot be used to prevent a survivor from disclosing the abuse itself or the facts surrounding it.
The Law Applies to Earlier Agreements
One of the law's most significant features is its reach beyond new agreements. Trey's Law applies to agreements entered into before, on, or after September 1, 2025.
For agreements predating the law, a person generally may not enforce — or even attempt to enforce — a prohibited provision unless that person first obtains a final, nonappealable declaratory judgment establishing that the provision is enforceable. This protection matters to survivors who may have spent years believing that speaking about their experiences could expose them to a lawsuit, financial penalties, or other retaliation.
Anyone subject to an older confidentiality agreement should still have a lawyer review the actual language and the facts before deciding how to proceed. The validity and scope of other contractual terms may depend on the agreement and the circumstances.
Why the Law Is Named for Trey Carlock
Trey's Law honors Trey Carlock, who reported that he had been sexually abused while attending a youth camp. After resolving litigation arising from the abuse, Trey was bound by a nondisclosure agreement that prevented him from speaking freely about what had happened. His family later became a driving force behind efforts to prevent confidentiality agreements from silencing other survivors. Trey died by suicide at age 28.
When survivors are prevented from speaking, other families may never learn of prior allegations, repeated warning signs, or institutional failures.
Silence can protect reputations while leaving the public — and other children — unaware of danger.
Accountability Extends Beyond the Individual Abuser
Sexual-abuse cases are not always limited to the person who committed the abuse. Schools, churches, camps, residential facilities, youth organizations, employers, and other institutions may bear responsibility when they ignore warnings, fail to conduct appropriate background checks, inadequately train or supervise personnel, conceal prior complaints, or fail to act after abuse is reported.
Civil litigation can uncover records, testimony, and patterns that a criminal case may not address. It can also provide compensation for counseling, medical care, lost income, emotional harm, and other damages while requiring institutions to answer for failures that placed people at risk.
Trey's Law recognizes a basic principle: a survivor's own story should not be treated as an institution's confidential property.
What Survivors and Families Should Know
If you or a family member experienced sexual abuse, consider preserving any documents, messages, photographs, reports, medical or counseling records, and agreements connected with the abuse. Do not assume that a confidentiality provision prevents you from seeking legal advice. Communications with your lawyer are generally confidential, and an attorney can evaluate the agreement, applicable deadlines, potential claims, and available options.
Legal time limits can be complicated and may depend on the survivor's age, the nature and date of the abuse, when relevant facts were discovered, and the parties involved. Trey's Law changes the enforceability of certain confidentiality provisions; it does not eliminate every filing deadline or automatically create a civil claim. Prompt, individualized legal advice remains important.
This article is for general informational purposes only and is not legal advice. Reading it or contacting Griffin Purnell does not create an attorney-client relationship. Every matter depends on its specific facts and applicable law.