The 2025 Texas Legislative Session drew to a close on June 2nd, 2025. Over eleven thousand (11,000) bills were filed during the legislative session, but only one thousand, one hundred and fifty-five bills became law, according to the Office of the Governor. This passage rate is roughly 10%, which is a marked decrease in the normal percentage of bills that pass, down from the average of about 20%.
Of the bills that passed, some are of particular interest to individuals dealing with personal injury issues in their lives.
SB 835 – “Trey’s Law”
The Texas Legislature addressed the enforceability of non-disclosure and confidentiality agreements when dealing with certain sexual assault cases. While the law was specifically drawn up to deal with child sexual abuse issues and disclosure, its application will have wide reaching effects. Essentially, “Trey’s Law” adds a provision to the Texas Civil Practice and Remedies code that states that:
“any provision of a non-disclosure or confidentiality agreement or non-disclosure or confidentiality provision of an employment agreement, settlement agreement, or any other agreement is void and unenforceable as against public policy of this state to the extent the provision prohibits a person, including a party, from disclosing an act of sexual abuse or facts related to an act of sexual abuse of another person.”
It further goes on to state: “The change in law made by this act applies to an agreement entered into before, on, or after the effective date of this Act.” Therefore, it has retroactive effect to void any previous entered NDA’s or confidentiality agreements regarding the facts behind a sexual assault. Any person or party that is looking to enforce a previously agreed NDA or confidentiality agreement must first obtain a declaratory action under Chapter 37 of the Civil Practice and Remedies Code that is final, not subject to appeal and declares that the agreement or provision in enforceable.
The definition of “acts of sexual abuse” defined in the new statute is far reaching. It includes indecency with a child, sexual assault, aggravated sexual assault, sex-trafficking of persons and compelling prostitution.
Advocates for this change in the law state it is a great win for victims of sexual abuse who feel cornered into remaining silent after a settlement is reached with their attacker. Further, it alerts the community at large to potential sexual abuse and assault related threats from individuals who are no longer empowered to keep their activities secret.
Critics have stated that the law will in-effect have a worse impact on victims of sexual abuse who seek a civil remedy, as it removes some of the motivation of the attacker to settle a case, thus making the victim relive the assault all over again in a courtroom.
The law takes effect September 1st, 2025, but with its retroactive provision in place, it effectively is something that needs to be considered in all civil sexual abuse cases moving forward. The new legislation can be found at the newly added T.R.C.P. Chapter 129C.
HB 1749 – “Jenifer’s Law”
In July of 2023, a woman died of complications of receiving an elective vitamin infusion while visiting a med-spa in Wortham, Texas. Further, it was noted by the CDC that four customers of a Med Spa located in New Mexico contracted HIV after being exposed to needles that were being used for cosmetic platelet rich plasma micro needling facials. Further, according to a survey by the American Society for Dermatologic Surgery, more and more doctors were reporting the need to respond to complications seen in patients or clients of Med Spas.
As a result, the legislature made an addition to the Texas Occupations Code by adding Chapter 172 which discusses the use of Elective Intravenous Therapy. Previously, an individual could receive an elective non-surgical medical cosmetic procedure and elective intravenous (IV) therapy from “med-spas”, which are typically defined as a hybrid facility that combines a relaxing atmosphere of a spa with advanced medical grade cometic treatments typically found in a full-blown medical clinic. These treatments include laser treatments, injectable treatments like Botox and fillers, or body contouring treatments.
However, most of these “Med Spas” will have a licensed physician associated with them, but those same doctors are not actually supervising the day-to-day distribution of these types of treatments. Because of the lack of medical oversight at many of these med-spas, many individuals are suffering from long lasting, painful and visible injuries that can last a lifetime. These include scarring, paralyzed parts of the body, and in some cases, death.
This new statute now delineates who can prescribe and dispense such treatments; the key factor is the active involvement of a licensed doctor. A doctor himself can now perform these activities or may now delegate this activity to a physician’s assistant acting under adequate physician supervision, an advanced practice registered nurse acting under adequate physical supervision, or a registered nurse acting under adequate physician supervision. No other individuals are allowed to administer these treatments, and the physician must be adequately supervising the individuals dispensing the treatments.
This should help Texans who have fallen victim of Med Spa injuries in situations where everything appeared above board, but the actual physician associated with the Med Spa is merely a name on a door, and in fact is not supervising the day to day activities of the Med Spa.
This new law is set to take effect on September 1st, 2025 and does not contain any retroactive provisions.
HB 1130 – Limiting Liability for Cavern Activities
The 89th Legislative Session did limit liability for persons or corporations that actively market and utilize underground caverns for entertainment and tourism. Chapter 75C is titled “Limited Liability For Cavern Activities”.
The change in law defines what cavern activities are, who are the participants, the type of injuries protected, what constitutes a cavern area and a cavern entity.
It then goes on to state:
“Except as provided by Subsection (b), a cavern entity is not liable to any person for a cavern activity participant injury or damages arising out of a cavern activity participant injury if, at the time of the cavern activity participant injury, the warning prescribed by Section 75.003 was posted in accordance with that section.
Subsection (b) excludes from the limitation of liability an injury (1) proximately caused by (a) The cavern entity’s negligence with regard to the safety of the cavern area or cavern activity participant, (b) a potentially dangerous condition in the cavern area, including inside the cavern at the cavern area, or which the cavern entity knew or reasonably should have known; or (c) the cavern entity’s failure to train or improper training of an employee of the cavern entity actively involved in the cavern area or a cavern activity; or (2) intentionally caused by the cavern entity.”
In order to qualify for this reduction in liability for injuries sustained on their properties, the cavern owner/operator must post and maintain a sign in a clearly visible location at each entrance to a cavern at a cavern area that notifies the participants of the reduced liability should an injury occur.
SB 1119 – Limiting Liability for Waterparks
The 89th Legislature also marked out limitations of liability for injuries that occur at waterparks as well. SB 1119 contained many of the same type of provisions of the cavern limitations bill. It limits the liability of a waterpark entity in much the same way. The reduction in liability is only applicable if the waterpark entity posts signs in a clearly visible location at or near the entrance to the waterpark that notifies the participants of the reduction in liability.
However, just as in HB 1130, a water park entity is still liable, despite the warning, for an injury (1) proximately caused by: (a) the water park entities negligence with regard to the safety of the water park, water park activity, or water park participant; (b) a potentially dangerous condition at the water park, of which the water park entity knew or reasonably should have known; or (c) the water park entity’s failure to train or improper training of an employee of the water park entity actively involved in the water park or a water park activity; or (2) intentionally caused by the water park entity.
This new bill will lower a water parks liability when it comes to product liability type issues of design and performance of certain water park activities such as slides, tube chutes and swimming pools.
IMPORTANT BILLS THAT DID NOT PASS OR WERE VETOED
There are a number of bills that did not pass or were vetoed by the Governor during the general session that have become hot-button issues and may be included in a called for Special Session by the Governor.
SB3 – AN ACT FOR THE REGULATION OF CONSUMBALE HEMP PRODUCTS
Probably the most talked about bill of the session, SB3 was a bill championed by Lt. Governor Dan Patrick. Its stated intention was to close a “loop-hole” in Texas law that allowed for the consumption of consumable products produced from agricultural hemp.
In 2018, the United States Congress passed legislation legalizing the production and sale of hemp, and hemp related products. In 2019, the Texas Legislature passed like-minded legislation. Shortly thereafter, consumable hemp products that contained intoxicating levels of Tetrahydrocannabinol (THC), the psychoactive component in marijuana, began being sold in stores throughout Texas.
Lt. Gov. Patrick, as well as many other legislators, believe that the industry is marketing these consumables towards children and including in the ingredients dangerous checmicals that are not being disclosed to users. The Lt. Gov. has stated that he believes that the products being sold “threaten the safety of our communities today.” He went on to say, “These rogue retailers are selling THC products containing several times more THC content than marijuana purchased from a drug dealer of the street. These dangerous products must not be allowed to permeate our communities and endanger our children.”
Those opposing the bill have stated that the industry in as of today produces up to 4.3 billion dollars in revenue and employs over fifty-three thousand people across the state. Groups like the Texas VFW, the Texas Hemp Business Council and veterans, small business owners and hemp advocates voiced strong opposition to the bill as they are concerned that such a total ban on these consumables would destroy a burgeoning industry, open the floodgates to black market sales and allow for unregulated, unsafe products.
SB3 was passed by both the House and Senate of Texas, but was vetoed by Governor Greg Abbott shortly before the midnight deadline of June 22nd. In his statement regarding the veto, Governor Abbott stated “Texas must enact a regulatory framework that protects public safety, aligns with federal law, has fully funded enforcement structure and can take effect without delay.” He went on to say “Allowing Senate Bill 3 to become law-knowing that it faces a lengthy battle that will render it dead on arrival in court – would hinder rather than help us solve the public safety issues this bill seeks to contain.
Governor Abbott believes that the bill runs afoul of federal law that allows for the sale of these types of products, and thus any total ban enacted by Texas would be deemed unlawful by the courts. Instead, he urged lawmakers to try and create a framework to regulate the industry much the same way that alcohol is currently regulated in Texas.
The Governor has called a special session to address the issues he sees with SB3, and lawmakers will return to Austin in late July to try and create a bill that Governor is willing to sign.
Governor Abbott will also ask the legislature to take another look at five other bills that he vetoed. These are:
- Senate Bill 648 which relates to recording requirements for intruments concerning real property.
- Senate Bill 1253 which relates to the impact and production fees for certain water projects and to the regulation of certain wells.
- Senate Bill 1278 relating to the affirmative defense to prosecution for victims of trafficking of persons or compelling prostitution.
- Senate Bill 1758 relating to the operation of a cement kiln and the production of aggregates near a semiconductor wafer manufacturing facity.
- Senate Bill 2878 relating to the operation and administration of and practices and procedures related to proceedings in the judicial branch of state government.
About the Author:
Sean J. Kilgore, a Criminal Defense attorney with the Kuzmich Law Firm, began his legal career in San Antonio focusing on criminal defense and civil disputes. In 2006, he joined the Denton County Criminal District Attorney’s Office, starting in the Family Violence division and later serving as Chief Prosecutor for County Criminal Courts #2, #3, and #4. He handled a wide range of misdemeanor and felony cases, including DWI, drug possession, and assault, and participated in over 100 jury trials. Mr. Kilgore also played a key role in establishing the Denton County Veteran’s Treatment Court.
At Kuzmich Law Firm, P.C., our dedicated team not only guides you through the legal process but also ensures that every aspect of your case is meticulously addressed, from gathering evidence to negotiating settlements. By handling the legal load, we enable you to focus on healing and recovery. Schedule a complimentary consultation today by calling (972) 434-1555.