Texas

Statute Of Limitations

TIMELINE OF CIVIL STATUTE OF LIMITATIONS FOR CSA IN TEXAS

Abused Prior to 1995
- Civil SOL for personal injury claims related to sexual assault of a child tolls at their 18th birthday plus 2 years. In other words, until they turn 20.

Abused 1995 – 2015
- Civil SOL for personal injury claims related to sexual assault of a child tolls at their 18th birthday plus 5 years. In other words, until they turn 23.

Abused 2015 - 2019
- Civil SOL for personal injury claims related to sexual assault of a child tolls at their 18th birthday plus 15 years. In other words, until they turn 33.

Abused 2019 - Present
- Civil SOL for personal injury claims related to sexual assault of a child tolls at their 18th birthday plus 30 years. In other words, until they turn 48.

How does civil SOL reform serve survivors of child sexual abuse?

Currently, Texas law only allows survivors of CSA harmed in 2019 and onward to recover damages up to age 48, or within 30 days of the defendant being identified to the plaintiff. Advocates for statute of limitations reform in civil CSA cases say this leaves many survivors without legal recourse, as research shows it takes an average of 20 years for survivors of CSA to first disclose their abuse, with many not disclosing until their 50’s and 60’s, and a large number of survivors choosing to never disclose. We need the SOLs to match the research on delayed disclosure and the psychology of childhood trauma.

A total of six pieces of legislation have been filed in texas to reform the civil statute of limitations for child sexual abuse cases. Three joint resolutions have been filed that would narrowly amend the Texas constitution in order to allow for retroactivity exclusively in civil CSA cases (SJR 51, HJR 120, HJR 25). Three supplemental bills have been filed that would eliminate the civil statute of limitations for CSA victims prospectively and retroactively (SB 1167, HB 2022, HB 179). Nineteen states, two U.S. territories, and the federal government have prospectively eliminated the civil SOL for some or all CSA claims. Over 33 states and U.S. territories have passed revival legislation (or a “lookback window”) to address this problem. The next page provides an overview of the timeline of civil SOL for CSA changes.

TEXAS CAPITOL RESOURCES

- Texas State Capitol Directory

- Texas State Capitol Maps and Visitors Guide

2025 Bills

- SB1167, Sen Angela Paxton

- HJR120, Rep Morgan Meyer

- HB2022, Rep Morgan Meyer

- HJR25, Rep Ann Johnson

- HB179, Rep Ann Johnson

NDAs

How does NDA reform serve survivors of CSA?

NDAs (also known as confidentiality and/or non-disparagement clauses) are contracts or clauses within a settlement agreement or a standalone contract where one or more parties agree that certain information will remain confidential. While they were created to keep proprietary business information, such as trade secrets or sensitive client information, confidential, they are also commonly included in settlement agreements for civil disputes, including as a standard practice in CSA cases. As a result, survivors are legally silenced and forbidden to share their stories to various extents depending on settlement language. The very people who hold the truth

are legally silenced and therefore society remains at risk.

While 17 states and Congress have clarified the law on NDAs in the workplace, Tennessee is the only state to pass legislation specifically prohibiting the use of NDAs in civil CSA settlements, making them “void and unenforceable.”

Five bills have been filed in Texas relating to the enforceability of certain nondisclosure or confidentiality provisions with respect to an act of sexual abuse committed against a child (SB 835, SB1587, HB 748, HB 1974, HB 2411). Legislators and advocates have informally referred to this legislation as “Trey’s Law,” in honor of Trey Carlock, a Dallas native who died by suicide after being groomed and abused from the age of seven until he was 17 by serial sex offender Pete Newman at Kanakuk Kamps, a Christian summer camp based in Branson, MO. Shortly before his death, he said “they will always control me, and I’ll never be free.” That’s what it feels like to be a child crime victim silenced with an NDA.

Trey's Law/NDAs -

HB748 - Rep Jeff Leach (2024, proposed)

Renders NDAs void and unenforceable with respect to acts of CSA; ensures relevant disclosures can be made to state or federal bodies and ensures personal identifying information related to CSA victims and victim status will be treated as confidential.

HB1974 - Rep David Cook (2025, proposed)

Renders NDAs void and unenforceable with respect to acts of CSA; ensures relevant disclosures can be made to state or federal bodies and ensures personal identifying information related to CSA victims and victim status will be treated as confidential.

HB2411 - Rep Mitch Little (2025, proposed)

Renders NDAs void and unenforceable with respect to acts of CSA; ensures amount or terms of settlement can remain confidential .

SB835 - Sen Angela Paxton (2025, proposed)

Renders NDAs void and unenforceable with respect to acts of CSA; ensures relevant disclosures can be made to state or federal bodies and ensures personal identifying information related to CSA victims and victim status will be treated as confidential.

SB1587 - Sen Kelly Hancock (2025, proposed)

Renders NDAs void and unenforceable with respect to acts of CSA; ensures relevant disclosures can be made to state or federal bodies and ensures personal identifying information related to CSA victims and victim status will be treated as confidential.

Bills & Laws

SJR51 - 89(R)

Author: Senator Angela Paxton

Date: 2025-02-12

Status: Introduced

A JOINT RESOLUTION proposing a constitutional amendment protecting children by allowing for retroactive laws regarding civil causes of action arising out of child sexual abuse. ---------- Senator Angela Paxton has filed Senate Joint Resolution 51 and Senate Bill 1167 aimed at eliminating the civil statute of limitations for survivors of child sexual abuse, allowing them to seek justice at any time. This legislation would ensure that survivors are no longer denied their day in court due to arbitrary deadlines and aligns civil law with the criminal justice system, which has already removed such limitations for these heinous crimes. ...