Texas Senate Considers Bill to Ban NDAs in Child Sex Abuse Settlements

A Texas Senate committee is weighing legislation that would prevent child abusers, and the organizations that shield them, from hiding behind non-disclosure agreements (NDAs) in civil settlements.

Senate Bill 835, authored by Sen. Angela Paxton (R), would prohibit the use of NDAs in legal agreements involving cases of child sexual abuse. Paxton told members of the Senate State Affairs Committee that abusers often deliberately place themselves within trusted institutions, churches, schools, and youth camps, to gain access to victims and avoid suspicion.

“These predators intentionally choose to work in these settings because they are cloaked in trust,” Sen. Paxton said. “Telling the story is central, essential to the healing journey of victims of child sexual abuse. The decision of how, or when, or where, or with whom to share that story should be the decision of the survivor, not the decision of the abuser.”

The Senate version of the bill would apply only to abuse cases involving minors. Its companion in the House, HB 748 by Rep. Jeff Leach (R), would extend the same protection to adult survivors as well.

Elizabeth Phillips testified in support of both versions, saying she favored whichever would reach Governor Greg Abbott’s desk first. She spoke in memory of her brother, Trey Carlock, who died by suicide in 2019 at age 28 after struggling with trauma stemming from years of abuse by a religious camp employee.

In 2023, Carlock filed suit against the camp, but the resulting settlement included a strict NDA.

“Sadly, a lot of truth dies with people because of NDAs,” Phillips told lawmakers. “That only protects bad actors.”

She said she learned more about the extent of her brother’s abuse after his death than she ever did while he was alive.

“Trey told a therapist, ‘they will always control me, and I’ll never be free,’ before he died by suicide,” she said. Though his abuser was later convicted and sentenced to three life terms, Phillips said NDAs continue to silence too many victims. “If they could be here to testify without the threat of legal repercussions, there would be a line out the door.”

Another survivor, Cindy Clemishire, told the committee that she was offered a settlement at age 37 for abuse she endured as a child from a trusted family pastor. The settlement came with a gag clause, which she rejected.

“Had I agreed to that NDA, Robert would’ve continued to have power over me,” she said. “NDAs may be presented as legal formalities, but in cases like mine, they are tools that continue the abuse.”

The bill is named “Trey’s Law” in honor of Trey Carlock and continues to be considered in the Texas Senate.