Texas bill ‘Trey's Law' banning NDAs in sexual abuse cases advances to House

“Trey's Law" in Texas refers to a legislative proposal, specifically House Bill 748 (HB 748), aimed at banning the use of nondisclosure agreements (NDAs) in cases involving child sexual abuse and human trafficking. Named after Trey Carlock, a survivor of abuse who took his own life after signing an NDA, the bill seeks to void NDAs that prevent survivors from speaking out about their experiences, particularly in civil claims against their abusers. The initiative is driven by the belief that silencing victims hinders their healing process and protects perpetrators.

As of March 20, HB 748, authored by Representative Jeff Leach (R-Plano), was unanimously approved by the Texas House Judiciary and Civil Jurisprudence Committee on March 19th. It has now advanced to the full Texas House of Representatives for further consideration. The bill has garnered significant support, with testimony from

survivors, including Trey’s sister, Elizabeth Carlock Phillips, and Cindy Clemishire, highlighting the real-world impact of NDAs. Similar bills, such as Senate Bill 835 (SB 835) by Senator Angela Paxton, are also filed, reflecting a broader push across both chambers of the Texas Legislature to address this issue.

"Trey's Law" (House Bill 748) in Texas, if enacted, would have a profound impact on victims of child sexual abuse and human trafficking by invalidating non-disclosure agreements (NDAs) in such cases. Here’s how it could affect victims:

Victims would no longer be legally bound by NDAs that prevent them from sharing their stories. This could reduce the isolation and shame often experienced, as exemplified by Trey Carlock, who felt silenced by his NDA before his death. Survivors like Cindy Clemishire, who testified in support of the bill, have highlighted how NDAs can perpetuate trauma by restricting open discussion. By voiding NDAs, victims could more easily pursue civil claims against perpetrators or complicit institutions without fear of breaching confidentiality agreements. This could increase accountability for abusers and entities that use NDAs to shield wrongdoing, such as in cases involving religious organizations or powerful individuals.

The ability to speak freely and seek justice could foster healing for survivors. Advocates argue that NDAs often exacerbate psychological harm by forcing victims to suppress their experiences, a burden "Trey's Law" aims to lift. The law could encourage more victims to come forward, knowing they won’t be muzzled by legal agreements. This might amplify awareness and prevention efforts, as public disclosure of abuse patterns could pressure institutions to enact better safeguards.

The potential challenges without NDAs, victims might face increased retaliation or harassment from perpetrators or their supporters, especially if legal protections against such actions are not robustly enforced alongside the law. Some argue that perpetrators or institutions might be less willing to settle cases financially if NDAs are unenforceable, potentially reducing immediate financial relief for victims who rely on settlements to cover therapy or other costs. For victims who prefer anonymity, the absence of NDAs could complicate maintaining privacy, though this could be mitigated by other legal mechanisms like pseudonyms in court proceedings.

The unanimous committee support on March 19, 2025, signals strong momentum for "Trey's Law," reflecting a victim-centered approach. Survivors like Elizabeth Carlock Phillips have emphasized that NDAs often protect predators rather than victims, a sentiment echoed in testimony about high-profile cases, such as those involving Robert Morris of Gateway Church. If passed, the law could set a precedent, inspiring similar reforms nationwide (e.g., Missouri’s HB 709) and empowering victims to reclaim their voices.