New laws about NDAs, education go into effect in Texas

Laws restricting nondisclosure clauses in sexual abuse settlement agreements and setting aside classroom time for prayer and reading religious texts in public classrooms are among statutes that went into effect Sept. 1.

The new laws resulted from legislation passed during the 89th Texas Legislature.

The statute regarding sexual abuse settlements—known as Trey’s Law—makes unenforceable any provision in a nondisclosure agreement that would prevent a person from disclosing facts related to abuse of themselves or another individual.

The law is not a blanket ban on nondisclosure agreements or confidentiality provisions in sexual abuse settlements, but it delineates the narrow parameters in which nondisclosure agreements would be enforceable.

The law is named for Trey Carlock, a victim of child sexual abuse at Kanakuk Ministries who later took his life. His sister, Elizabeth Phillips, advocated for passage of Trey’s Law.

“My brother, Trey, was silenced to his grave. He endured institutional abuse on top of sexual abuse as a child,” she said. She and other advocates launched an online community to “support survivors’ voices” to coincide with the law going into effect.

“I hope this can bring healing to the many people who have been suffering in the shadows dur to predatory NDAs,” she said.

‘Culture of concealment … serves no one well’

Texas Baptists’ Christian Life Commission supported Trey’s Law and advocated for its passage in the Texas Legislature.

“As Christians, we are called to bear one another’s burdens—but we cannot carry what we do not see. Survivors of sexual abuse must have both the freedom to pursue justice and the right to share their stories without being forced to choose between them,” CLC Director Katie Frugé said.

“Preventing survivors—especially through the use of nondisclosure agreements—from disclosing facts related to their abuse fosters a culture of concealment that serves no one well. While we recognize that legitimate privacy concerns exist, survivor autonomy must remain paramount.

“When the identity of an alleged perpetrator is shielded, the risk of reoffending increases, and institutions may fail in their duty to protect the vulnerable. Such provisions should be void as a matter of public policy in Texas.”

Frugé, who also directs Texas Baptists’ Center for Cultural Engagement, also noted churches can help provide healing and support to survivors when they are allowed to speak freely.

“When survivors are free to share their stories, their faith community can offer meaningful support and stand with them on their healing journey,” she said.

“This bill affirms the fundamental dignity of survivors by ensuring they do not need to sacrifice transparency for justice, nor justice for the right to speak truth. In doing so, it strengthens both our legal system and our ability to live out our faith authentically.”

Prayer and Bible reading in schools

SB 11—another law that went into effect this week—allows school boards to adopt policies setting aside designated time for silent prayer or reading religious texts in public school classrooms.

The new law requires trustees of each school district to take a record vote on whether to adopt such as policy within six months of Sept. 1.

While proponents of the law emphasize participation requires parental consent and is to be voluntary in nature, Attorney General Ken Paxton’s office on Sept. 2 issued a statement saying, “In Texas classrooms, we want the Word of God opened, the Ten Commandments displayed, and prayers lifted up.”

The statement from the Office of the Attorney General states, “For Texas students considering how to best utilize this time, Attorney General Paxton encourages children to begin with the Lord’s Prayer, as taught by Jesus Christ.” The statement goes on to quote Matthew 6:9-13 from the King James Version of the Bible.

Charles Foster Johnson, founding executive director of Pastors for Texas Children, questioned Paxton’s moral authority to offer such recommendations.

“Given Attorney General Ken Paxton’s personal history, our pastoral counsel to him would be to reflect on his own religious practice, rather than cramming it down the throats of our Texas teachers and children. Jesus would reject his authority, and we suggest you do also,” Johnson said.

Ten Commandments in classrooms

Some—but not all—Texas public schools will begin posting a prescribed version of the Ten Commandments in classrooms this week, as a result of SB 10.

U.S. District Court Judge Fred Biery issued the preliminary injunction Aug. 20 in Rabbi Mara Nathan, et al, v. Alamo Heights Independent School District, et al. The injunction blocks implementation of Ten Commandments statute in 11 school districts.

SB 10 requires a donated poster or framed copy of the Ten Commandments at least 16 by 20 inches to be displayed in every Texas elementary and secondary school classroom. The state-approved language of the Ten Commandments is an abridged version of Exodus 20:2-17 from the King James Version of the Bible.

Opponents of SB 10—and plaintiffs in Rabbi Nathan v. Alamo Heights—pointed out Jews, Catholics and Protestants number the commandments differently, and their wording varies. So, they asserted, the required language favors the Protestant approach as the state-sanctioned version.

Additional laws regarding education

A voucher-like education savings account program allows families to direct public funds to private—often religious—schools also launched Sept. 1.

“With $1 billion in funding for the 2026-2027 school year, the program will be the largest day-one launch in the country,” Gov. Greg Abbott stated.

In addition to voicing strong support for the education savings account program and the law mandating display of the Ten Commandments, Abbott also applauded SB 12, known as the Parental Bill of Rights.

Abbott said it “strengthens parental rights” by “protecting parents’ rights in directing their child’s upbringing and medical decisions, and refocusing [public school] curriculum on core subjects and U.S. founding documents.”

Abbott also hailed SB 13, which he said, “increases parental oversight of school libraries by requiring parent-led advisory councils and giving school boards final authority to approve, retain, or remove materials.”