According to the Legislative Budget Board (LBB), HB 748 will have no significant fiscal implications for the state government. The LBB assumes that any administrative or implementation costs associated with the bill can be absorbed within existing agency resources. This suggests that enforcement of the provisions—primarily impacting the judicial and civil legal systems—will not require additional funding or staffing beyond current capabilities.

Similarly, no significant fiscal impact is expected for local governments. This means that cities, counties, and other local entities are not anticipated to face new budgetary pressures due to the implementation of HB 748. Since the bill targets the enforceability of certain contractual provisions rather than creating new programs or criminal penalties, its fiscal footprint is minimal.

Overall, the fiscal note confirms that HB 748 achieves its policy goals—protecting the right to disclose information about sexual abuse—without imposing new financial burdens on state or local governments. This low-cost implementation may make the bill more politically viable while still offering meaningful legal reform.

HB 748, referred to as "Trey’s Law," addresses a critical legal gap in Texas civil procedure—specifically, the use of nondisclosure or confidentiality agreements to silence victims of sexual abuse. By voiding contractual provisions that prevent individuals from disclosing acts of sexual abuse, this bill prioritizes transparency, justice, and victim empowerment. The accompanying bill analysis underscores the necessity of this legislation, citing real-life cases like Trey Carlock’s, where enforced silence had devastating personal consequences. The bill moves beyond federal efforts, such as the Speak Out Act, by covering abuse beyond the workplace and including non-adult victims.

The bill advances liberty principles without imposing significant new obligations on the state or local governments, as confirmed by the Legislative Budget Board's fiscal note. It applies retroactively, ensuring that past victims, previously bound by restrictive agreements, can come forward. This enhances both individual liberty and personal responsibility by encouraging open reporting and deterrence of abuse without introducing criminal penalties or expanding government reach.

The bill’s design reflects a careful balance—voiding only the speech-suppressing parts of agreements while allowing other contractual terms (like settlement amounts) to remain confidential. This limited and precise approach is consistent with respecting private contracts where appropriate while ensuring they do not violate public policy. The bipartisan and principle-based nature of the bill—protecting vulnerable individuals while preserving legal structure—makes it a strong candidate for support. As such, Texas Policy Research recommends that lawmakers vote YES on HB 748.

• Individual Liberty: The bill directly enhances individual liberty by allowing victims of sexual abuse—regardless of when the abuse occurred or when a confidentiality agreement was signed—to speak openly about their experiences. It eliminates contractual barriers that would otherwise silence survivors, affirming their right to free expression and autonomy over their personal stories.
• Personal Responsibility: By voiding nondisclosure provisions that cover up abuse, the bill places greater accountability on perpetrators and complicit institutions. It reinforces the idea that wrongdoers should not be shielded from consequences through private legal agreements. This shift encourages organizations and individuals to take greater responsibility in preventing and responding to abuse.
• Free Enterprise: While the bill restricts a certain type of contractual clause (i.e., NDAs that prevent abuse disclosure), it still allows other terms—like financial settlement amounts—to remain confidential. This nuanced approach limits contractual freedom only where it conflicts with strong public policy interests. The overall framework of free enterprise remains intact and respected.
• Private Property Rights: The bill does not infringe on property rights. It modifies enforcement of specific contract clauses but does not appropriate or regulate physical property. Parties can still enter into and enforce settlements; they just cannot silence abuse disclosures. The bill ensures that contract law serves the public good without violating fundamental ownership or contract rights.
• Limited Government: The bill does not expand state bureaucracy, introduce new regulations, or create criminal penalties. Instead, it relies on the judiciary to determine the enforceability of contract provisions in civil cases. This restrained legislative action aligns with the principle of limited government—using narrowly tailored statutory changes to correct a serious injustice without growing state power.

• SB 1587 (Same As)
• SB 835 (Similar To)