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§ 129C.002.Certain Provisions Unenforceable

Title 6. Miscellaneous Provisions · Chapter 129C. Agreements Prohibiting Disclosures Regarding Sexual Abuse · Last amended 2025 · Last verified August 29, 2026

In one sentenceSection 129C.002 voids any confidentiality provision to the extent it prohibits disclosing an act of sexual abuse, while leaving settlement amounts confidential.

Full Text of § 129C.002

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Any provision of a nondisclosure or confidentiality agreement or nondisclosure or confidentiality provision of an employment agreement, settlement agreement, or any other agreement is void and unenforceable as against the public policy of this state to the extent the provision prohibits a person, including a party, from disclosing an act of sexual abuse or facts related to an act of sexual abuse to any other person. Nothing in this section may be construed to prohibit a person, including a party, from agreeing to keep confidential any other provision of a settlement agreement, including the amount or payment terms of a settlement.
End

Plain-English Summary

One long sentence with a carefully placed limit at the end.

Any provision of a nondisclosure or confidentiality agreement, or such a provision of an employment agreement, settlement agreement, or any other agreement, is void and unenforceable as against the public policy of this state to the extent it prohibits a person, including a party, from disclosing an act of sexual abuse or facts related to an act of sexual abuse to any other person.

"To the extent" is the operative qualifier. The clause is not struck down entirely — only the part reaching sexual abuse falls away, and the rest of the agreement stands.

The categories of agreement are exhaustive in listing and open in effect: employment agreements, settlement agreements, and any other agreement. There is no way to draft around it by choosing a different instrument.

"Including a party" forecloses a narrow reading. The person freed to speak is the person who signed — the survivor bound by their own settlement — not merely third parties incidentally covered.

"Facts related to" reaches beyond the act itself, so a clause cannot achieve indirectly what it cannot do directly by barring discussion of the circumstances, the response, or the aftermath.

The closing sentence preserves what makes settlements possible: nothing prevents agreeing to keep confidential any other provision of a settlement, including the amount or payment terms.

That is the balance the chapter strikes. A survivor may always describe what happened; the money can stay private.

Frequently Asked Questions

Can an NDA stop someone discussing sexual abuse in Texas?

No. Any confidentiality provision is void and unenforceable to the extent it prohibits disclosing an act of sexual abuse or facts related to one.

Does that void the whole agreement?

No. Only the part reaching sexual abuse falls away; the rest stands.

Can the settlement amount stay confidential?

Yes. The section expressly preserves confidentiality of other provisions, including the amount and payment terms.

Does it protect the person who signed?

Yes. "Including a party" makes clear the signer is freed to speak.

Amendment History

  • Added by Acts 2025, 89th Leg., R.S., Ch. 777 (S.B. 835), Sec. 2, eff. September 1, 2025.
Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source