Relating to the enforceability of certain nondisclosure or confidentiality provisions with respect to an act of sexual abuse.

Contracts

• Settlement & Separation Agreements: You must revise standard release templates immediately.
• Bifurcation Required: You may continue to keep the settlement amount and payment terms confidential. You cannot prohibit the disclosure of factual information regarding the abuse.
• Savings Clause: Insert a carve-out provision in all general releases: *"Nothing in this agreement prohibits the disclosure of factual information regarding an act of sexual abuse as defined by Texas Civil Practice and Remedies Code Chapter 129C."*
• Non-Disparagement Clauses: Review broad non-disparagement clauses in employment contracts. Ensure they cannot be interpreted to penalize the reporting of criminal sexual conduct, as this may render the clause void.

Hiring/Training

• HR & Legal Training: Human Resources and in-house counsel must be trained that "buying silence" for sexual misconduct allegations is no longer a legally available option in Texas.
• Investigation Protocols: Internal investigators must assume that witness statements and investigation findings regarding sexual abuse allegations are discoverable and potentially public, as confidentiality agreements covering these facts are now unenforceable.

Reporting & Record-Keeping

• Legacy Contract Audit: Legal departments must identify pre-2025 settlement agreements involving sexual abuse allegations. Mark these files as "Unenforceable NDA."
• Enforcement Bar: Do not attempt to send "Cease and Desist" letters regarding these specific legacy NDAs. The law requires you to obtain a final declaratory judgment from a court before enforcing a pre-2025 agreement—a process that effectively publicizes the information you seek to suppress.

Fees & Costs

• Litigation Strategy: Expect higher settlement demands or increased litigation frequency. Without the value of a confidentiality premium, plaintiffs may have less incentive to settle early.
• Insurance: Consult your Employment Practices Liability Insurance (EPLI) carrier. Clarify how the inability to enforce confidentiality impacts your "duty to cooperate" and settlement authority within your policy.