Texas legislators have proposed bills that would make certain nondisclosure agreements in child sexual abuse cases void and unenforceable.

State Rep. Jeff Leach, a Republican from Plano, authored House Bill (HB) 748, and Republican Sen. Kelly Hancock filed a companion in the Senate, Senate Bill (SB) 1587. Senator Angela Paxton has filed a similar bill (SB 835), which has been referred to the State Affairs committee.

The bills would apply to nondisclosure agreements related to certain “acts of sexual abuse,” including indecency with a child, sexual assault, trafficking of persons, and compelled prostitution.

An NDA would be “void and unenforceable as against the public policy of [the] state,” if, as part of an employment, confidentiality, or settlement agreement, the NDA prohibits a party from notifying law enforcement or a regulatory agency about child sexual abuse or prohibits a party from disclosing facts about child sexual abuse during an investigation or prosecution.

NDAs can often arise as part of an agreement to settle a civil lawsuit about sexual misconduct.