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§ 98.007.Confidential Identity in Certain Actions

Title 4. Liability in Tort · Chapter 98. Liability for Trafficking of Persons · Last amended 2025 · Last verified August 29, 2026

In one sentenceSection 98.007 lets a trafficking claimant proceed under a confidential identity, requires the court to tell them the option exists, and limits knowledge of the true identity to four categories.

Full Text of § 98.007

Text sizeJump to: (a) (b) (c) (d) (e) (f)

(a)In this section, "confidential identity" means:
(1)the use of a pseudonym; and
(2)the absence of any other identifying information, including address, telephone number, and social security number.
(b)Except as otherwise provided by this section, in an action under this chapter, the court shall:
(1)make it known to the claimant as early as possible in the proceedings of the action that the claimant may use a confidential identity in relation to the action;
(2)allow a claimant to use a confidential identity in all petitions, filings, and other documents presented to the court;
(3)use the confidential identity in all of the court's proceedings and records relating to the action, including any appellate proceedings; and
(4)maintain the records relating to the action in a manner that protects the confidentiality of the claimant.
(c)In an action under this chapter, only the following persons are entitled to know the true identifying information about the claimant:
(1)the judge;
(2)a party to the action;
(3)the attorney representing a party to the action; and
(4)a person authorized by a written order of a court specific to that person.
(d)The court shall order that a person entitled to know the true identifying information under Subsection (c) may not divulge that information to anyone without a written order of the court. A court shall hold a person who violates the order in contempt.
(e)Repealed by Acts 2025, 89th Leg., 2nd C.S., Ch. 7 (H.B. 16 ), Sec. 12.10(15), eff. December 4, 2025.
(f)A claimant is not required to use a confidential identity as provided by this section.
End

Plain-English Summary

An identity protection provision, added in 2021, in the same terms as the one for minors in sexual assault cases.

"Confidential identity" means the use of a pseudonym and the absence of any other identifying information, including address, telephone number, and social security number. Both halves are required.

The court has four duties, and the first is unusual. It shall make it known to the claimant as early as possible that a confidential identity may be used — the court raises it rather than waiting to be asked.

The court must also allow the confidential identity in all petitions, filings, and other documents, use it in all proceedings and records including on appeal, and maintain the records so as to protect confidentiality.

Only four categories may know the true identity: the judge, a party, the attorney representing a party, and a person authorized by written court order specific to that person.

The prohibition is enforced by contempt. The court shall order that no one entitled to know may divulge the information without a written order, and shall hold a violator in contempt.

Subsection (f) keeps it optional: a claimant is not required to use a confidential identity.

The protection matters here for a specific reason. Trafficking victims may still be at risk from the people they are suing, and a public petition naming them supplies an address and a location.

Frequently Asked Questions

Can a trafficking victim sue anonymously in Texas?

Yes. A claimant may use a confidential identity — a pseudonym and the absence of other identifying information — in all filings, proceedings, and records.

Does the court have to tell me?

Yes. The court shall make it known to the claimant as early as possible in the proceedings.

Who can learn my real identity?

The judge, a party, an attorney representing a party, and a person authorized by a written court order specific to them. Divulging it without a court order is contempt.

Is it required?

No. A claimant is not required to use a confidential identity.

Amendment History

  • Added by Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 4, eff. September 1, 2021.
  • Amended by:
  • Acts 2025, 89th Leg., 2nd C.S., Ch. 7 (H.B. 16), Sec. 12.10(15), eff. December 4, 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