Texas is on the brink of banning nondisclosure agreements used in cases targeted at silencing sexual abuse victims, with lawmakers passing a bill over the weekend tougher than previous versions of the legislation.
The bill initially aimed to ban NDAs in child sexual abuse cases, but has since expanded to ban those agreements in sexual assault and human trafficking cases, with bill sponsor Rep. Jeff Leach, R-Plano, pointing out they've been used to silence sexual abuse victims from speaking out publicly about their experiences.
"I ask you to stand with me again to stand with victims, with survivors to bring the darkness into the light," Leach said before Sunday's vote. "And to prohibit anyone from hiding behind one of these egregious, awful, I believe evil agreements ever again in the state of Texas. It does not matter if this is a House bill or a Senate bill. It doesn't matter if we have to vote on it 100 times. It's critical that we pass this legislation and that's what we're about to do so that this becomes the public policy of this state."
HB 748, or "Trey's Law," was first authored and filed by Leach in November after the House committee heard testimony the month before from child sexual abuse victims and victims' advocates.
It's named in honor of Trey Carlock, who signed an NDA prohibiting him from speaking publicly about the sexual abuse he experienced when he was a child at Christian-based camp Kanakuk Kamps. Carlock later died by suicide in 2019.
His sister, Elizabeth Carlock Philips, spoke on his behalf at previous committee hearings in October and March.
It was approved unanimously in April by the House but was delayed as it waited for a Senate committee hearing, leading Leach to suspect the Senate of potentially trying to weaken the bill.
Instead, the Senate last week passed its companion bill known as SB 835, meaning it had to go back to the House again for another approval. It passed Sunday with a unanimous vote 144-0 and now heads for Gov. Greg Abbott's desk for the final green light. It would go into effect Sept. 1.
Among those who shared testimony was Cindy Clemishire, whose alleged abuser Robert Morris was indicted on child sexual abuse charges in Oklahoma in March. Clemishire accused Morris of abusing her in the 1980s when she was a child.
"I, and I believe you're with me on this, will never stop fighting to protect survivors, to be the voice for the voiceless," Leach told House members. "We cannot back down now and we will not back down ever."
Penelope Rivera is KERA's breaking news reporter. Got a tip? Email Penelope Rivera at privera@kera.org.
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