Texas House reconsiders NDAs in sex assault cases

The Texas House is considering a bill that would make nondisclosure agreements (NDAs) in sexual assault cases unenforceable.

Why it matters: The bill's supporters say it would prevent organizations such as churches and summer camps from silencing victims of sex crimes.

Driving the news: State Rep. Jeff Leach, a Republican from Plano, filed House Bill 748 to prohibit the use of NDAs and other agreements with victims of sexual assault, including child abuse and human trafficking.

• "We have a duty to protect victims. No victim who chooses to tell their story or to speak out about their experience should ever be silenced," Leach told the house judiciary and civil jurisprudence committee, which he chairs, on Wednesday.

Context: NDAs are commonly used in business to protect trade secrets and confidential information, but critics argue they are sometimes misused to cover up criminal behavior.

Threat level: Dallas resident Elizabeth Phillips testified on Wednesday about her brother, Trey Carlock, who was sexually abused for years at a Missouri summer camp before dying by suicide in 2019. He had been under a restrictive NDA, Phillips said.

• HB 748 is also known as "Trey's Law."

Zoom in: Committee members also heard from an Oklahoma woman who has accused North Texas pastor Robert Morris of sexually assaulting her as a child and hopes HB 748 will help other survivors.

• Morris, who founded Southlake's Gateway Church and advised Trump during his first term, was indicted last week in Oklahoma on five counts of lewd or indecent acts with a child.
• Cindy Clemishire, Morris' accuser, testified Wednesday that he sexually abused her between the ages of 12 and 17 and told her not to tell anyone. Decades later, he offered her a $25,000 settlement if she signed a nondisclosure agreement. She refused the offer.

• "Because I refused to sign the NDA at the age of 37, I am able to sit here at the age of 55 and share my story and be the voice of so many people who don't have the courage to come forward in hopes that I can help them," Clemishire testified.

What's next: The committee unanimously voted on Wednesday to advance the bill to the full House for approval.

• The Texas Senate would also have to pass the bill for it to go to the governor's desk.