AUSTIN – A law that would prevent the use of non-disclosure agreements (NDAs) in civil settlements for sexual abuse victims is now awaiting Gov. Greg Abbott’s signature.
“Trey’s Law,” named for Trey Carlock, was sent to the governor’s desk on May 26 after a unanimous vote in the House.
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The bill aims to stop 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 with 144 ayes and 0 nays to send SB 835 to Governor Abbott’s desk after a third reading, the release said.
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.
SB 835 was authored by Senator Angela Paxton, R-McKinney. There was an identical House companion authored by House Rep. Jeff Leach, R-Plano.
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” is currently awaiting a governor’s signature, according to the website.
If passed in Texas, the law would go into effect on Sept. 1.
The governor has 20 days to sign the bill upon receiving the bill after the legislation’s sine die, according to the Texas legislative process. The legislative session ended on Monday.