§ 129C.001.Definition

A borrowing definition drawing on two codes at once.

"Act of sexual abuse" means conduct described by six paragraphs of the Family Code’s definition of abuse — the sexual conduct categories — or one or more of six named penal laws.

The Penal Code list is: indecency with a child; sexual assault; aggravated sexual assault; sexual performance by a child; specified trafficking of persons offenses; and compelling prostitution.

Drawing on both codes widens the reach in a way either alone would not. The Family Code categories are framed around harm to a child and reach conduct that may not constitute a completed criminal offense; the Penal Code list reaches offenses against adults as well.

So the definition covers abuse of adults and of children, which matters because the chapter’s operative provision voids confidentiality clauses generally rather than only those involving children.

No conviction or adjudication is required. The definition speaks of conduct described by those provisions, so the question is what happened rather than what was proved in another forum.

The list is closed. Conduct outside the named Family Code paragraphs and the six penal laws is outside the chapter, and a confidentiality clause covering it stands.

The chapter was enacted in 2021, part of a wave of state legislation on non-disclosure agreements following widespread reporting on their use in sexual misconduct settlements.