Trey’s Law: A Milestone for Survivors in Texas

As of September 1, 2025, a pivotal change in Texas law—commonly known as Trey’s Law—has officially taken effect. This legislation, Senate Bill 835, eliminates nondisclosure and confidentiality provisions in agreements that prohibit survivors of sexual abuse, assault, trafficking, or child sexual abuse from speaking openly about their experiences. Simply put: survivors are no longer legally silenced.

Why Texas Took This Step

Trey’s Law was born from tragedy and resilience. It is named in honor of Trey Carlock, a Dallas native who endured years of abuse at a summer camp and later took his own life. His sister, Elizabeth Carlock Phillips, became a powerful voice for transparency by sharing that her brother felt trapped by the NDA he’d signed—and that his silence contributed to his death.

Another landmark case came from Cindy Clemishire, who refused a $25,000 settlement in 2007 that would have required her silence about abuse by a prominent pastor. Years later, her refusal empowered her to speak publicly and ultimately catalyzed reform. Her testimony also contributed significantly to the law’s momentum.

Texans saw this bill pass with unanimous support in both the House and Senate—a rare moment of bipartisan agreement around protecting survivors.

What Trey’s Law Does—And Doesn’t Do

Under the Texas Civil Practice & Remedies Code, Trey’s Law defines “acts of sexual abuse” to include indecency with a child, sexual assault, aggravated sexual assault, trafficking, compelling prostitution, or sexual performance by a child. Any confidentiality clause seeking to prevent disclosure of abuse or related facts is considered void and unenforceable.

The law applies retroactively—it nullifies NDAs signed in the past, present, or future, unless a court grants a final, non-appealable declaratory judgment explicitly allowing enforcement.

It is important to note that Trey’s Law is focused. It does not prohibit confidentiality around settlement details such as payment amounts or business-sensitive information like trade secrets.

Broader Impacts & What’s Next

• Survivor Empowerment: For too long, NDAs isolated survivors. Now, individuals are free to speak about their experiences, seek support, and find solidarity.

• Institutional Accountability: Without NDAs as a shield, patterns of abuse and institutional failure become visible—prompting safer practices and transparency.

• Psychological Relief: The ability to tell one’s story is deeply tied to healing and validation. Trey’s Law removes a barrier to that process.

• Preventive Culture Shift: When NDAs no longer hide abuse, organizations face greater pressure to implement genuine prevention rather than rely on lawsuits to contain reputational risk.
  

Moving forward, courts may be called upon to rule on whether specific existing agreements may still be enforceable. Legal counsel in Texas—and organizations operating there—should review and revise compliance policies.

What You Can Do Now

1. If you are under an NDA related to sexual abuse, consult trusted advocates or legal counsel. Trey’s Law gives you back your voice unless a court has ruled otherwise.

2. If you are an organization or employer, review all NDAs and confidentiality agreements. Remove clauses that suppress reporting of abuse, and include clear language acknowledging the law.

3. Support survivor-led advocacy by amplifying voices like Trey’s family or Cindy Clemishire who helped make this reform possible.

4. Spread awareness—share truthful, survivor-centered stories about the change Trey’s Law brings to your community.
   

At The Restitution Project, we support survivors and advocate for systemic change. We stand beside every person reclaiming their right to truth, healing, and justice. This landmark legislation in Texas is more than a legal shift—it’s a collective turning toward a future where silence is no longer the price of survival.

To learn more about our work, and how we support survivors and reform systems, please visit www.therestitutionproject.ca.