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Varghese Summersett

Texas Legislative Update header image showing the state capitol
After 140 days of committee hearings, floor debates, public testimony, and political maneuvering inside the state Capitol, the 89th Texas Legislature wrapped up its regular session — leaving behind a wave of new Texas laws and even more unfinished business.

Lawmakers passed more than 1,300 bills—many addressing criminal, family, and personal injury law—while over 8,000 others failed to advance, reflecting a lower-than-usual passage rate of roughly 14 percent.

Among the most widely watched developments of the session was the fate of Senate Bill 3, a high-profile proposal to ban THC products that was vetoed by Governor Greg Abbott just before the midnight deadline on June 22 — a move that both stunned and divided state leadership while keeping Texas’ billion-dollar hemp industry alive for now. The governor’s veto foreshadows a looming special session, where the regulation of THC and other contentious issues will take center stage

In our 2025 legislative update, we take a look at 47 of the most interesting or impactful new Texas laws that made it past the finish line, as well as key proposals that failed to pass but remain on the radar for future sessions. Where there is political momentum and public interest, there is always the potential for revival.

New Texas Laws

Trey's Law graphic - legislation banning NDAs for sexual abuse victims

1. Trey’s Law: Sexual Abuse Victims Will Not Be Silenced
SB 835, Effective Sept. 1, 2025

Senate Bill 835 – commonly referred to as “Trey’s Law” – bans the use of non-disclosure agreements to silence victims of sexual abuse. The bill is named after Trey Carlock, a Dallas native who was abused as a child and later died by suicide after being required to sign an NDA as part of a settlement. The law applies to both child and adult victims and will also void existing NDAs that have previously prevented survivors from speaking out. Read more about Trey’s Law.

Grayson's Law graphic - intoxication manslaughter penalties for illegal aliens

2. Grayson’s Law: Intoxication Manslaughter Penalties for Illegal Aliens
HB 2017, Effective Sept. 1, 2025

House Bill 2017, known as “Grayson’s Law,” increases the mandatory minimum sentence for intoxication manslaughter from 2 years to 10 years if the defendant was unlawfully present in the United States at the time of the offense. Named in honor of Grayson Davis, a young victim killed by a suspected drunk driver without legal status, the law also bars those convicted under this provision from receiving community supervision, deferred adjudication, parole, or mandatory supervision until they have served at least 10 calendar years — without credit for good conduct time

Police officer in uniform representing law enforcement protection legislation

3. Ultimate Punishment for Attempting to Kill Police
HB 1871, Effective Sept. 1, 2025

This law makes attempting to kill a peace officer in the line of duty a capital felony. That means it carries the same punishment range as capital murder — life without parole or, in some cases, the death penalty.

Legal scales representing tougher laws for sex offenses in Texas

4. Tougher Laws for Sex Offenses
HB 1422, Effective Sept. 1, 2025

This legislation expands protections for victims of sex crimes and increases penalties for offenders — especially those targeting children. Key provisions include:

  • Creates the new criminal offense of “continuous sexual abuse of adults” for individuals who commit multiple sex offenses against two or more victims within a 30-day period. This extends protections that previously only existed for child victims.
  • Harsher Sentencing: Increases the severity of punishment for repeat and serial sex offenders by allowing courts to impose consecutive (stacked) sentences for multiple sexual assault convictions, regardless of the victim’s age. It also increases the category of punishment for certain offense if the offender has prior convictions and makes certain sex offenses punishable by life in prison if specific conditions are met.
  • Restrictions on Probation and Parole: Offenders convicted of certain sex crimes are ineligible for probation, deferred adjudication or parole.

Silhouette figure representing law against child-like sex dolls

5. Crackdown on Child-Like Sex Dolls
HB 1443, Effective Sept. 1, 2025

House Bill 1443 creates new criminal offenses targeting the possession and promotion of child-like sex dolls — anatomically correct devices that resemble children and are intended for sexual use. Possessing or promoting such dolls is now a felony offense in Texas. Promotion is a second-degree felony punishable by 2 to 20 years in prison. Possession with intent to promote is a third-degree felony punishable by 2 to 10 years in prison. Simple possession is a state jail felony punishable by up to six months in a state jail facility.

E-cigarette and vaping devices representing crackdown on youth vaping

6. E-Cigarette Crackdown
SB 2024, Effective Sept. 1, 2025

This legislation tightens regulations on e-cigarette products to curb youth vaping by expanding the definition to include all vape substances—nicotine or not—and banning marketing tactics that appeal to minors, such as cartoon imagery, candy flavors, and products disguised as toys or school supplies. The law also prohibits e-cigarettes made in China or hostile nations and bans harmful additives like cannabinoids and tianeptine. Violations will now be classified by a Class A misdemeanor, punishable by up to a year in county jail.

Courthouse steps and handcuffs representing stricter bail rules for repeat offenders

7. Bail Reform: Stricter Rules for Repeat and Violent Offenders
SB 9, Effective Sept. 1, 2025

Senate Bill 9 aims to enhance public safety and improve consistency in pretrial release decisions. Key provisions of the new law include:

  • Magistrates must use the Public Safety Report System (PSRS) – a centralized tool that compiles criminal history and risk data – before granting bail in felony cases, ensuring that decisions are informed by consistent, evidence-based information.
  • Restrictions on Personal Bonds: The new Texas law restricts the use of personal bonds for individuals charged with violent or repeat offenses, especially those currently on parole or community supervision for violent crimes.
  • Limits on Judicial Authority: Magistrates who are not higher court judges are prohibited from reducing or modifying bond amounts set by district court judges, and prosecutors can appeal bail decisions they consider too low, even if a judge has deemed the defendant safe for release.

Judge's gavel and documents representing judicial transparency in bail proceedings

8. Bail Judicial Transparency and Oversight
HB 75, Effective Sept. 1, 2025

House Bill 75 tightens bail procedures by requiring magistrates to make written findings—especially if no probable cause is found—and expands use of the Public Safety Reporting System (PSRS) to give courts more criminal history information. The bill also shifts oversight of charitable bail organizations to the Office of Court Administration for statewide consistency and clarifies prosecutors’ ability to appeal bail decisions.

Jail cell bars representing no bail for certain serious felonies

9. No Bail for Some Felonies
SJR 5, November Ballot

Senate Joint Resolution No. 5 (SJR 5) is a proposed constitutional amendment that would allow Texas courts to deny bail for certain serious felony offenses if the prosecution can show that bail would not reasonably ensure the defendant’s appearance in court or community safety. Offenses that could be considered for denied bail include violent crimes such as murder, aggravated assault with a deadly weapon, aggravated kidnapping, aggravated robbery, aggravated sexual assault, indecency with a child, and continuous trafficking of persons, among others.

The resolution was passed by both the Texas Senate and House and has been filed with the Secretary of State for placement on the November 4, 2025, ballot. The governor’s signature is not required for constitutional amendments – it goes directly to Texas voters to decide at the next general election.

Money and handcuffs representing restrictions on public funding for nonprofit bail assistance

10. No Public Funds for Nonprofit Bail Assistance
SB 40, Effective Sept. 1, 2025

Senate Bill 40 prohibits Texas counties, cities, and other local governments from using taxpayer money to fund nonprofit organizations that post bail for criminal defendants. The law is a response to concerns about public dollars underwriting bail efforts, particularly in places like Harris County. Under SB 40, any taxpayer or resident can sue for injunctive relief if a local government violates the law — and recover attorney’s fees if successful. While the bill imposes no new criminal penalties or costs at the state level, it may limit pretrial release options in communities that previously partnered with nonprofit bail funds.

Hairstylist with client representing domestic violence awareness training for cosmetologists

11. Cosmetologists: Domestic Violence Awareness Training
HB 837, Effective Sept. 1, 2025

This legislation requires students and licensed professionals in the beauty industry to complete instruction on identifying and assisting victims of domestic abuse. The Texas Commission of Licensing and Regulation must ensure it’s part of both school curriculums and continuing education. By equipping beauty professionals—who often have close, regular contact with clients—lawmakers hope to increase early detection and support for victims.

Person at ATM with shadowy figure representing bank jugging crime

12. Bank “Jugging” is Now a Felony
HB 1902, Effective Sept 1, 2025

Over the past several years, a crime trend called “bank jugging” or “jugging” has grown in popularity — when a suspect follows someone from a bank, ATM, or financial institution with the intent to steal, often targeting cash withdrawals. Lawmakers have now made that conduct a standalone offense. It is generally a state jail felony, punished by up to a year behind bars, but penalties can increase significantly — up to life in prison — if the jugging is committed in conjunction with burglary or robbery. This legislative change allows prosecutors to specifically charge jugging, rather than relying solely on broader robbery or burglary statutes.

Empty retail shelves and security camera representing organized retail theft

13. Increased Penalties for Organized Retail Theft
SB 1300, Effective Sept. 1, 2025

In an effort to deter organized retail theft, this legislation increases penalties for such offenses in Texas. The law raises the punishment for higher-value thefts: stealing goods worth $300,000 or more is now a first-degree felony, punishable by up to 99 years or life in prison and a fine up to $250,000. Previously, this would have been a second-degree felony.

The bill also simplifies prosecution. Prosecutors no longer need to itemize every stolen product in the indictment; they can charge offenders based on the total monetary value stolen from a merchant. Additionally, unaltered price tags are now accepted as evidence of value and ownership, and prior theft offenses can be used to show intent or participation in organized theft rings.

Family court documents and gavel representing child custody legal proceedings

14. Special Appointments in Suits Affecting Child-Parent Relationship
HB 2530, Effective Sept.1, 2025

This law clarifies and updates the process for appointing amicus attorneys and other special roles involved in family court cases involving the parent-child relationship. It is intended to streamline family court procedures by establishing clear standards for when and how courts can appoint amicus attorneys, ensuring these appointments are necessary to protect the best interests of the child. The court must consider the parties’ ability to pay reasonable fees and balance the child’s interests against the cost of the parties.

Extended family members with child representing non-parent custody arrangements

15. New Rules for Non-Parent Custody
HB 2350, Effective Sept. 1, 2025

This legislation sets clearer standards for non-parents, such as aunts, uncles, grandparents or family friends who want to file for custody of a child. It requires these caregivers to have provided exclusive care for the child for at least six months before filing for custody. If both of the child’s parents are deceased, the law expands eligibility to include more distant relatives – up to fourth-degree relatives, such as great uncles, great aunts, or cousins once removed. By requiring non-parent caregivers to have provided exclusive care for at least six months before filing for custody, the law helps ensure that only those who have established a significant, stable relationship with the child can initiate custody proceedings.

Medical bills and stethoscope representing healthcare billing for personal injury cases

16. Timely Billing for Injury-Related Healthcare
HB 4145, Effective Sept. 1, 2025

This law requires healthcare providers to send billing statements to a patient’s attorney, if represented, within 11 months of providing personal-injury-related services. It addresses a loophole that previously allowed providers to lose payment rights if bills were sent to attorneys instead of patients within the required timeframe. The law ensures providers are fairly compensated while aligning billing practices with common legal procedures in personal injury cases.

Laboratory test tubes and evidence bags representing DWI toxicology evidence preservation

17. New Rules for Preserving DWI Toxicology Evidence
SB1660, Effective Sept. 1, 2025

Senate Bill 1660 establishes clear requirements for the retention and destruction of toxicological evidence in intoxication-related criminal cases, such as DWIs. Crime laboratories must annually notify the appropriate county prosecutor’s office of their possession of such evidence, providing both the date of receipt and the date the retention period will expire. Toxicological evidence must be preserved for the length of a defendant’s sentence or supervision, or—if there is no conviction—until acquittal or dismissal with prejudice. Once the retention period expires, evidence cannot be destroyed without first notifying the prosecutor, who then has 60 or 90 days (depending on the offense) to object in writing. The law strengthens communication protocols between labs and prosecutors to prevent premature disposal of evidence.

Computer screen with warning symbol representing laws against obscene child imagery

18. New Felony for Obscene Child Imagery
SB 20, Effective Sept. 1, 2025

This legislation makes it a criminal offense to possess, view, or promote visual material that obscenely depicts a child—whether the material involves a real child, an animation, a cartoon, or an AI-generated image. The new law is a state jail felony, punishable by up to two years in a state jail facility. If the defendant has previously been convicted once for similar offenses, the charge is elevated to a third-degree felony, punishable by up to 10 years in prison. If previously convicted two or more times for similar offenses, it becomes a second-degree felony, punishable by up to 20 years in prison.

Police officer drawing weapon in line of duty representing deadly conduct law exemption

19. Deadly Conduct Law Amended for Peace Officers
SB1637, Effective Sept. 1, 2025

Under current law, a person commits the offense of deadly conduct if they knowingly point a firearm at or in the direction of another individual, regardless of whether they believe the firearm is loaded. This legislation amends the law to exclude peace officers from this provision when they are lawfully acting in their official capacity. As a result, peace officers will not be charged with deadly conduct for pointing a firearm at or in the direction of another person while performing their lawful duties.

Ballot box and security measures representing stricter penalties for election fraud

20. Stricter Penalties for Election Fraud
HB 5115, Effective Sept. 1, 2025

Under this new law, knowingly counting invalid votes, altering reports to include invalid votes, refusing to count valid votes, or altering reports to exclude valid votes are now explicitly classified as election fraud. The bill raises the general penalty for election fraud from a Class A misdemeanor to a second-degree felony, and if the offense is committed by an elected official acting in their official capacity, the penalty is elevated to a first-degree felony.

Police officer with less-lethal weapons representing protection from frivolous lawsuits

21. Protecting Officers from Frivolous Suits
SB 2750, Effective Immediately

This legislation amends the Texas Penal Code to provide clear legal protection for peace officers and correctional facility guards who use less-lethal force weapons—such as stun guns, chemical sprays, or impact devices—in the course of their official duties. The new law establishes that officers are justified in using such force if their actions are in substantial compliance with their training, helping to prevent unwarranted lawsuits and ensuring officers can safely de-escalate situations without fear of undue legal consequences.

Texas Attorney General seal representing AG prosecution of trafficking cases

22. AG to Prosecute Trafficking if DA’s Don’t
HB 45, Effective Sept. 1, 2025

This law mandates that the Texas Attorney General must step in to prosecute human trafficking cases if a local district attorney fails to act within six months of receiving a law enforcement report. The law ensures that serious trafficking offenses are not neglected due to prosecutorial inaction and mandates law enforcement to notify both the local DA and the AG simultaneously. If the DA doesn’t move forward, the AG is required to takeover—unless a judge confirms prosecution is underway.

Prison bars with no exit sign representing no parole for child traffickers

23. No Parole for Traffickers of Children or Disabled Individuals
HB 2306, Effective Sept. 1, 2025

Under this new law, those convicted and sentenced for specified trafficking crimes—including cases where the victim is a child or a person with disabilities—are ineligible for release on parole, joining the ranks of offenders already barred from parole for the most serious violent crimes.

Body armor vest representing harsher penalties for criminals wearing protective gear

24. Harsher Penalties for Criminals Wearing Body Armor
HB 108, Effective Sept. 1, 2025

This legislation increases penalties for individuals who commit crimes while wearing metal or body armor. If used during a Class A misdemeanor or felony (excluding first-degree felonies), the offense is bumped up one category — raising, for example, a third-degree felony to a second-degree.

Hands offering support representing expanded resources for sexual assault survivors

25. Expanded Support for Sexual Assault Survivors
HB 47, Effective Sept. 1, 2025

This new law strengthens victim protections by ensuring they receive information about their rights, access to victim compensation, and the opportunity to participate in the parole process. It covers reimbursement for post-exam medical care, expands certification for sexual assault nurse examiners, requires hospitals to train staff, and mandates rideshare companies conduct sex offender background checks.

Oil derricks and law enforcement badge representing oilfield theft prevention unit

26. Organized Oilfield Theft Prevention Unit
HB 48, Effective Immediately

This legislation establishes a dedicated oilfield theft prevention unit within the Texas Department of Public Safety, tasked with enforcing laws, conducting training, and developing strategies to crack down on the growing problem of oilfield theft in regions like the Permian Basin—a crime estimated to cost the state billions annually. The new unit will also run public awareness campaigns and report biannually to the legislature on its progress, aiming to dismantle organized criminal networks targeting energy infrastructure.

Warning symbols for fentanyl danger to children representing child endangerment act

27. Fentanyl Child Endangerment Act
HB 166, Effective Sept. 1, 2025

This new law broadens the existing offense of endangering a child or elderly/ disabled person via methamphetamine exposure to include fentanyl and any controlled substances labeled Penalty Group 1-B. This law specifically excludes lawful medical use, such as fentanyl administered by an anesthesiologist.

Medical professionals in emergency room representing Life of the Mother Act

28. Life of the Mother Act
SB 3, Effective Immediately

The Life of the Mother Act clarifies Texas’s abortion ban exceptions, making it clear that doctors can legally perform abortions in medical emergencies to save a woman’s life or prevent substantial impairment of a major bodily function. The law aligns language across Texas statutes, specifies that the threat to the mother does not need to be “imminent,” and provides legal protections for physicians acting within these guidelines. It also requires continuing education for doctors and attorneys on the law’s nuances.

School building and vendor contract documents representing conflict of interest laws

29. Criminal Penalties for School Vendor Conflicts
HB 210, Effective Sept. 1, 2025

This new law makes it a criminal offense for vendors to do business with school districts or charter schools when board members or any close relations hold significant financial stakes or receive gifts that cost greater than $250. The purpose of this legislation is to strengthen ethical standards and ensure fair use of taxpayer resources.

Credit cards and handcuffs representing easier enforcement of credit card fraud cases

30. Credit Card Fraud Cases Easier to Enforce
HB 272, Effective Sept. 1, 2025

This legislation expands venue rules for prosecuting the offense of fraudulent use and possession of credit/ debit card information. It does this by allowing cases to be filed in the county where the offense occurred or in the county where the victim resides. This also enhances prosecutorial flexibility and victim accessibility for these types of crimes by simplifying the proof of intent by treating them like other fraud offenses. This law does not create new crimes, but rather makes existing ones easier to enforce

Computer screen with AI warning symbol representing crackdown on AI-generated sexual content involving minors

31. Crackdown on AI-Generated Sex Content with Minors
HB 581 Effective Sept. 1, 2025

This law cracks down and updates rules on AI-generated sexual content involving minors by imposing clear requirements on platforms. These include age verification for users, consent and adult status for image sources, privacy protections on user data, and increased civil fines for violations. It defines “artificial sexual material harmful to minors” as material in which a real person is distinguishable by appearance and applies to commercial entities that provide an online tool to create such material or make such material publicly available.

Hunter measuring deer antlers representing Asp-Morgan Act for hunting violations

32. Asp-Morgan Act
HB 654, Effective Sept. 1, 2025

The Asp-Morgan Act adds to current laws under the Texas Parks and Wildlife Code by allowing certain hunters charged with illegal deer hunting – specifically those who inadvertently violate antler spread rules for deer – to have their case dismissed under specified conditions. The key requirements include a self-report, plea, course completion, no prior record, and proper carcass disposal.

First responders in training session learning human trafficking recognition signs

33. Human Trafficking Prevention and First Responder Training
HB 742, Effective Sept. 1, 2025

This bill strengthens Texas’s efforts to combat human trafficking by requiring comprehensive training for first responders to recognize and respond to trafficking situations. This bill also mandates that certain health care facilities provide clear information about human trafficking to patients and visitors to increase public awareness. Additionally, it offers protections for facility employees who report suspected trafficking, shielding them from retaliation and encouraging proactive intervention.

Healthcare facility with human trafficking awareness posters and staff training

34. Human Trafficking Prevention in Health Care Settings
HB 754, Effective Sept. 1, 2025

This bill strengthens Texas’s response to human trafficking by requiring medical assistants in certain health care facilities to complete specialized training on how to recognize and report trafficking. The bill also mandates that these facilities display clear, multilingual signs with information on identifying and reporting suspected trafficking, making resources visible to both staff and the public. Importantly, this bill protects employees from retaliation if they report suspected trafficking in good faith, encouraging a safer environment and supporting early detection and intervention in trafficking cases

Sealed envelope and protective order documents representing confidentiality for applicants

35. Confidentiality for Protective Order Applicants
HB 793, Effective Sept. 1, 2025

This new legislation in Texas strengthens the confidentiality of personal information for individuals who apply for or are protected by a protective order. This law mandates that courts honor requests to keep sensitive details such as home addresses and contact information confidential and shielded from public access. This enhanced privacy measure is designed to protect survivors from potential harm or retaliation, fostering a safer environment and encouraging more individuals to seek legal protection without fear of exposing their personal information.

Cave entrance with warning sign representing legal protection for cave businesses

36. Legal Protection for Cave Businesses
HB 1130, Effective Immediately

Texas’s new cavern liability law provides limited legal protection to businesses that operate commercial caverns for recreational or educational purposes. Under this legislation, operators are shielded from lawsuits for injuries, emotional distress, death, property damage, or other losses sustained during cavern activities, as long as a clearly worded warning sign prescribed by statute is posted at every cavern entrance. However, this protection does not apply if harm results from the operator’s negligence, such as failing to address known hazards or inadequately training employees, or from intentional misconduct. The law is designed to balance the promotion of cavern tourism with the need for participant safety and accountability

Family with children and CPS documents representing limits on child protective services removals

37. Texas Limits CPS Removals for “Neglect”
HB 1151, Effective Sept. 1, 2025

This law strengthens protections for parental rights when it comes to making medical decisions for their children. Under this legislation, parents cannot lose custody or have their parental rights terminated simply for making reasonable choices about their child’s medical care, such as declining psychotropic medications or choosing alternative treatments, unless those decisions create a substantial risk of harm to the child. The law also narrows the definition of neglect, limiting the circumstances under which Child Protective Services can intervene. At the same time, it preserves the state’s ability to step in when a child’s safety is genuinely at risk, striking a careful balance between protecting families and ensuring child welfare.

Computer security breach and money symbols representing penalties for misuse of official information

38. Tougher Penalties for Misuse of Official Information
HB 2001, Effective Sept. 1, 2025

This new law elevates penalties for the offense of misuse of information based on the net pecuniary gain to the offender. Abuse cases less than $150,000 remain a third-degree felony; abuses between $150,000-$300,000 are upgraded to a second-degree felony; and abuse of $300,000 or more becomes a first-degree felony. This law addresses disparity, targets corruption and insider abuse, and is expected to have no major budget impact on state or local governments

Court order document with handcuffs representing felony charges for violations

39. Felony Charges for Certain Court Order Violations
HB 2073, Effective Sept. 1, 2025

House Bill 2073 increases criminal penalties for violating court orders or bond conditions in cases involving family violence, child abuse, sexual assault, indecent assault, stalking, or trafficking. While most violations remain a Class A misdemeanor, repeat or aggravated violations, including those following a conviction or involving assault, are now prosecuted as felonies, with penalties ranging up to a third-degree felony, punishable by 2 to 10 years in prison. The law aims to better protect victims and deter repeat offenders by treating serious or repeated violations more harshly.

Video recording equipment in courtroom for elderly witness testimony

40. Video Testimony for Elderly and Disabled Witnesses
HB 2348, Effective Sept. 1, 2025

A new Texas law makes it easier for the testimony of elderly or disabled individuals to be preserved and presented in criminal cases. Courts can now order that depositions from these vulnerable witnesses be video recorded if either side requests it. This change helps ensure that important testimony is not lost simply because a witness is unable to appear in court physically. To maintain the integrity of the process, the video must be properly authenticated, and the person who operated the recording equipment must be available to confirm its accuracy. This update streamlines the use of video testimony, making it more accessible while still protecting the rights of all parties involved.

Varghese Summersett

Texas has unanimously passed and signed into law a groundbreaking piece of legislation that will transform how sexual abuse survivors speak about their experiences. Known as Trey’s Law — Senate Bill 835 — the measure bans the use of nondisclosure agreements (NDAs) to silence victims of sexual abuse. It also applies retroactively, voiding existing NDAs that have prevented survivors from sharing their stories. Governor Greg Abbott signed the bill into law on Saturday, June 21, 2025, and it is set to take effect on September 1, 2025.

The Tragedy Behind Trey's Law

The Tragic Story Behind Trey’s Law

Trey Carlock was just a child when he attended Camp Kanakuk in Missouri, where he became one of dozens of victims sexually abused by camp official Pete Newman. Years later, as an adult seeking justice, Trey pursued a civil lawsuit against the camp. But when he reached a settlement, he was forced to sign a nondisclosure agreement that silenced him — an agreement he would later call “blood money.”

“So you accept the payout, but it feels like a bribe,” his sister Elizabeth testified before the Texas House. “My brother referred to his as blood money.”

The weight of that silence, combined with the trauma of his childhood abuse, proved unbearable. Trey Carlock died by suicide at age 28, a Dallas native whose story would ultimately spark a movement to end the weaponization of NDAs against sexual abuse survivors.

Trey's Law: Texas Bans Contracts That Silence Sexual Abuse

Understanding NDAs in Texas: The Legal Foundation

Before exploring how Trey’s Law alters the landscape, it’s essential to understand what nondisclosure agreements are and how they currently function under Texas law.

A nondisclosure agreement is a legally binding contract where one or more parties agree not to disclose certain confidential information. In Texas, NDAs are governed primarily by common law contract principles, with enforcement handled through the state’s civil court system under the Texas Civil Practice and Remedies Code.

Current Legal Framework: Non-Disclosure Agreements in Texas are enforceable as contracts, meaning they carry the full force of law. They are commonly used in business settings to protect trade secrets, proprietary information, and other confidential data. The agreements are presumptively valid if they meet basic contract requirements: offer, acceptance, consideration, and mutual assent.

What NDAs Currently Allow: Under existing Texas law, properly drafted NDAs can prohibit parties from disclosing virtually any information designated as confidential. This broad scope has been exploited in sexual abuse cases to silence victims about not just settlement amounts, but the underlying facts of their abuse, institutional knowledge of predatory behavior, and patterns of cover-up.

Penalties for Violation: Breaking an NDA in Texas typically results in civil penalties under contract law. Violators can face monetary damages (often including attorney fees if specified in the contract), injunctive relief to prevent further disclosure, and in some cases, punitive damages. The four-year statute of limitations under Texas Civil Practice and Remedies Code Section 16.004 applies to breach of contract claims, giving enforcers significant time to pursue violations.

Why This Matters for Abuse Cases: This legal framework created a perfect storm for institutional abuse cover-ups. Powerful organizations could use the threat of bankruptcy-inducing lawsuits to keep victims silent indefinitely, knowing that most survivors lack the resources to fight prolonged legal battles.

Trey's Law: Texas Bans Contracts That Silence Sexual Abuse

Trey’s Law: A Unanimous Victory Against Institutional Silence

In a compelling show of bipartisan support, the Texas Legislature unanimously passed Senate Bill 835, known as “Trey’s Law,” marking a watershed moment in the fight against institutional silence surrounding sexual abuse. The bill passed with a vote of 144-0 in the House on third reading and 31-0 in the Senate. Governor Greg Abbott signed the legislation into law on June 21, 2025.

Named in Trey’s memory, the law represents a fundamental shift in how Texas handles civil cases involving sexual abuse and trafficking, ensuring that no other victim will be forced to choose between compensation and their voice.

How NDAs enabled the cover-i[

The Kanakuk Legacy: How NDAs Enabled a Cover-Up

Trey’s story is part of a much larger and more disturbing pattern at Kanakuk Kamps, one of the largest Christian summer camps in the country. The camp’s handling of the Pete Newman scandal reveals exactly how NDAs have been weaponized to protect institutional interests over victim welfare — and why Trey’s Law is so desperately needed.

Pete Newman’s Reign of Terror

Pete Newman, a former Kanakuk director, pleaded guilty in 2010 to seven counts of sexual abuse and is serving two life sentences plus 30 years. The prosecutor in his case estimated that Newman’s victim count might be in the hundreds. Newman is known to have abused more than 50 Kanakuk campers prior to his conviction in 2010, engaging in what experts call “superpredator” behavior.

Newman was known to play sports and ride four-wheelers naked with campers, conduct “hot tub Bible studies,” and hold one-on-one sleepovers. He groomed children by talking about sexual topics from a Christian perspective before abusing them. What should have been warning signs — his deep connections with boys, including continuing to text, write, and visit them outside of camp — were celebrated by camp leadership as Christian relationship-building.

The Web of Silence and Deception

The most disturbing aspect of the Kanakuk scandal isn’t just the abuse itself, but how institutional knowledge was concealed to protect the camp’s reputation:

Early Warnings Ignored: Court documents show that Kanakuk leadership received reports of Newman engaged in nude activity with campers as early as 1999. His supervisor recommended that he be fired in 2003 after receiving reports of inappropriate behavior with children. Despite these warnings, Newman remained at the camp for six more years.

Fraudulent Settlements: When families like the Yandells pursued legal action, Kanakuk CEO Joe White allegedly lied to them during settlement negotiations. The Yandell family asked White if he had any indication that Newman behaved inappropriately with children. White denied any knowledge, saying, “Nothing has ever been on our radar with Pete”— despite documented reports of concerns dating back years.

Insurance Company Conspiracy: Perhaps most troubling, Kanakuk’s insurance company, ACE American Insurance Co., allegedly threatened to deny coverage if the camp disclosed information about Newman’s abuse to families. In June 2010, Kanakuk had drafted letters with information about Newman’s activities to send to approximately 8,000 families, but the insurance company advised against disclosure.

The result was a pattern where victims were systematically deceived about the scope of institutional knowledge, leading to settlements and NDAs based on false information. The Yandell family settled for $250,000 in 2010 and signed a non-disclosure agreement, later alleging they would never have agreed if they knew the truth about what camp leadership knew.

The Human Cost of Institutional Silence

While 19 victims were identified in the initial investigation against Newman, a civil complaint tallied at least 57 at the time of his sentencing, and many cases have been settled with non-disclosure agreements that prevent victims from speaking out. The true scope of the abuse may never be fully known due to these silencing mechanisms.

A petition launched by victims and their families asking Kanakuk to release victims from their non-disclosure agreements now has more than 12,000 signatures. As recently as 2025, new lawsuits were being filed against Kanakuk, with Jane Doe filing suit in April 2025, alleging abuse by Newman when she was nine years old in 2008.

This is the system that failed Trey Carlock — a system where institutions could buy silence, conceal patterns of abuse, and leave victims isolated and ashamed. It’s a system that Trey’s Law aims to dismantle.

Legal Codification: Where Trey’s Law Will Live

Trey’s Law will be codified as Chapter 129C of Title 6 of the Texas Civil Practice and Remedies Code, specifically titled “Agreements Prohibiting Disclosures Regarding Sexual Abuse.”

The specific sections include:

    • Section 129C.001: Definitions of “act of sexual abuse” covering indecency with a child, sexual assault, aggravated sexual assault, sexual performance by a child, human trafficking, and compelling prostitution
    • Section 129C.002: The core provision declaring such NDAs “void and unenforceable as against the public policy of this state”

When Trey’s Law Takes Effect

Governor Abbott signed Trey’s Law on Saturday, June 21, 2025. The law will officially take effect on September 1, 2025.

Trey's Law: Texas Bans Contracts That Silence Sexual Abuse

Retroactive Power: Voiding Existing NDAs

One of the most significant aspects of Trey’s Law is its retroactive application. The legislation explicitly states that it applies to agreements entered into before, on, or after the effective date. However, there’s an important caveat: those already in effect could be enforced if a declaratory judgment is made.

This means that existing NDAs in sexual abuse cases are presumptively void unless a court specifically rules otherwise through a declaratory judgment proceeding under Chapter 37 of the Civil Practice and Remedies Code. This provision could potentially free hundreds of victims who have been silenced by previous settlements.

What Trey’s Law Actually Does

Trey’s Law isn’t just symbolic — it delivers real, enforceable protections for survivors of sexual abuse. While many laws aimed at reforming nondisclosure agreements include narrow exceptions or partial measures, Trey’s Law takes a bold and comprehensive approach. It directly targets the silencing mechanisms that have long protected institutions over individuals and ensures survivors have the freedom to speak openly about their experiences. Here’s a closer look at what Trey’s Law actually does — and why it matters.

Sexual Abuse Crimes: The law defines “act of sexual abuse” to include indecency with a child , sexual assault, aggravated sexual assault, sexual performance by a child, certain forms of human trafficking, and compelling prostitution.

Complete Speaking Freedom: Unlike some NDA reform efforts that create limited exceptions, Trey’s Law is absolute in its protection. Any provision that “prohibits a person, including a party, from disclosing an act of sexual abuse or facts related to an act of sexual abuse to any other person” is void and unenforceable.

Financial Terms Protected: The law carefully balances transparency with legitimate privacy interests by allowing parties to keep confidential the amount or payment terms of settlements — just not the underlying facts of abuse.

Adult and Child Victims: While initially focused on childhood abuse, the bill was expanded during the legislative process to protect victims of any age after hearing compelling testimony from adult survivors.

Impact on Future Litigation

Trey’s Law covers a wide range of important issues related to sexual abuse. It clearly defines what counts as an act of sexual abuse, including crimes like indecency with a child, sexual assault, aggravated sexual assault, sexual performance by a child, certain types of human trafficking, and forcing someone into prostitution.

Unlike some other laws that only partially limit nondisclosure agreements (NDAs), this law provides full protection, making any clause that stops someone from talking about sexual abuse or related facts completely invalid and unenforceable. At the same time, the law respects privacy by allowing settlement details, such as payment amounts, to remain confidential, but it does not allow the abuse itself to be concealed. Initially focused on protecting children, the law was expanded after hearing from adult survivors to include victims of all ages, ensuring everyone who has suffered sexual abuse can speak freely without fear.

Trey's Law: Texas Bans Contracts That Silence Sexual Abuse

How Trey’s Law Benefits Victims

Trey’s Law is more than a legal reform — it’s a powerful shift in how survivors of sexual abuse are treated under the law. By voiding nondisclosure agreements that have long silenced victims, the legislation restores voices that were once suppressed and paves the way for healing, accountability, and change. The impact reaches far beyond the courtroom, touching every stage of a survivor’s journey.

Here are some of the most significant ways Trey’s Law empowers and protects victims.

Ending Isolation: NDAs have prevented victims from connecting with other survivors, often leaving them to suffer in isolation. Trey’s Law removes this barrier, allowing victims to find community and support.

Preventing Institutional Coverups: As demonstrated in the Kanakuk cases, institutions have used NDAs to maintain false narratives about their knowledge of abuse. The law prevents this manipulation.

Enabling Pattern Recognition: When victims can speak freely, patterns of institutional negligence and cover-up become visible, strengthening cases for all survivors.

Supporting Mental Health: Research shows that the ability to speak about trauma is crucial for healing. NDAs force victims to carry their burden in silence, often exacerbating psychological harm.

Creating Deterrence: When institutions know they cannot silence victims, they are more likely to implement genuine prevention measures rather than rely on damage control.

Trey's Law: Texas Bans Contracts That Silence Sexual Abuse

Legislative Champions and Testimony

The Senate bill was authored by Senator Angela Paxton, who stated: “This is a critical step forward for justice, transparency, and the protection of future victims. For too long, powerful institutions and individuals have used NDAs as a tool to cover up abuse and silence the voices of those they’ve harmed.”

The legislation gained momentum after powerful testimony from survivors, including:

Elizabeth Carlock Phillips: Trey’s sister testified that her brother referred to his settlement as “blood money,” saying “You accept the payout, but it feels like a bribe.”

Cindy Clemishire: A survivor who accused Gateway Church founder Robert Morris of childhood abuse, Clemishire told lawmakers she was offered money if she signed an NDA, saying “NDAs may be presented as legal formalities, but in cases like mine, they are tools that continue the abuse.”

Representative Jeff Leach, who authored House Bill 748 said, “With the passage of Trey’s Law, Texas is taking a long-overdue stand against the cover-up of sexual abuse and the silencing of victims. For too long, powerful institutions have escaped public accountability while survivors and their families were left to suffer in silence. This law ends that practice and changes the public policy of this state forever. In doing so, we have sent a clear message: If you abuse a fellow Texan or if you harbor or assist an abuser at the expense of the victim, you will be held to account.”

Trey's Law: Texas Bans Contracts That Silence Sexual Abuse

Looking Forward: A Model for Other States

Texas joins a small but growing number of states recognizing that NDAs in sexual abuse cases serve institutional interests rather than victim welfare. With the unanimous legislative support and the compelling evidence of how NDAs have been misused to protect predators and enable institutional cover-ups, Trey’s Law represents a significant victory for survivors.

The law’s retroactive application means that victims who have been silenced for years may finally be able to speak their truth. For institutions, it signals that the era of buying silence is ending, and genuine accountability and prevention must replace damage control and cover-up.

As Texas prepares to implement this groundbreaking legislation, advocates hope it will inspire similar reforms nationwide, ensuring that no survivor is ever again forced to choose between justice and their voice.


Trey’s Law was signed by Governor Abbott on June 21, 2025, and will take effect on September 1, 2025. The legislation is codified as Chapter 129C of the Texas Civil Practice and Remedies Code and will void existing NDAs in sexual abuse cases unless a court specifically rules otherwise through declaratory judgment proceedings.

knowledge is power

Varghese Summersett

The devastating Memorial Day weekend tragedy at Grapevine Lake that claimed the life of 18-year-old Ava Moore presents multiple avenues for civil litigation and raises complex questions about liability, negligent entrustment, and insurance coverage. As the Moore family grieves the loss of their daughter — an Air Force Academy Preparatory School graduate weeks away from basic training — they face critical decisions regarding potential wrongful death and survival action claims.

In this article, our personal injury attorneys explain the legal implications surrounding the Grapevine Lake accident, including who may be held liable, the potential for wrongful death and survival action claims, the challenges involved in securing compensation in boating and jet ski incidents and what steps grieving families should take to protect their rights and pursue justice.

What Happened at Grapevine Lake?

What Happened on Grapevine Lake?

On May 25, 2025, at approximately 5:20 p.m., Ava Moore was kayaking near Oak Grove Park on Grapevine Lake when she was struck from behind by a jet ski operated by 21-year-old Daikerlyn Alejandra Gonzalez-Gonzalez.

According to arrest affidavits, the jet ski was traveling at a high rate of speed and dangerously close to other people in the water. Witnesses told investigators that Moore and other kayakers tried to paddle away before she was struck from behind.

Lisa Scrabeck, a witness at the lake, helped render aid to Ava Moore after she was pulled ashore. She checked for a pulse and heartbeat and confirmed that Moore was wearing a life jacket, which was removed before CPR began. Despite immediate medical attention, Moore died from severe head trauma at the hospital.

The jet ski driver fled the scene with 21-year-old Maikel Coello Perozo, crashing into multiple vehicles during their escape. Police found both suspects at a Dallas residence with packed suitcases — suggesting they did not plan to return home anytime soon.

Who Can be Held Liable in a Boating or Jet Ski Crash?

Who Can Be Held Responsible in a Boating or Jet Ski Accident?

In the aftermath of the Grapevine Lake accident, many people are wondering who can be held responsible for Moore’s tragic death. Wrongful death cases involving personal watercraft can involve multiple parties, depending on the facts of the incident. Responsibility may fall on the operator, the craft’s owner, or even a rental company — particularly if safety regulations were violated or the watercraft was negligently entrusted to an unqualified or reckless driver.

Below is a breakdown of potential civil liability in fatal boating and jet ski accidents, with a focus on direct operator responsibility, negligent entrustment by private owners, and possible liability by rental companies.

1. Direct Operator Liability

The woman accused of operating the jet ski, Daikerlyn Alejandra Gonzalez-Gonzalez, faces multiple criminal charges, including second-degree felony manslaughter charges, reckless operation and excessive speed of a personal watercraft, and leaving the scene of an accident involving death. These serious charges not only carry criminal consequences but also serve as strong evidence for civil liability under several legal theories:

Negligence Per Se:
In many recreational boating accident cases, victims may pursue civil claims under the doctrine of negligence per se. This legal principle holds that if an individual or entity violates a law intended to protect public safety — and that violation results in harm — the violation itself may be presumed to be the cause of the injury. Gonzalez’s alleged violations of Texas personal watercraft regulations provide a compelling foundation for a negligence per se claim.

Reckless/Wanton Misconduct:

Eyewitness Lisa Scrabeck reported seeing the women on the jet ski “driving recklessly” throughout the day. According to the arrest warrant, multiple witnesses stated that the suspect “recklessly made several passes along the shoreline with wanton disregard for the safety of others and at a speed and manner that endangered those in the area.” This type of behavior may rise to the level of gross negligence or wanton misconduct, further strengthening the case for civil liability.

2. Negligent Entrustment Claims

In addition to holding the jet ski operator accountable, liability may extend to the person or entity who allowed the operator to use the watercraft in the first place. This legal concept is known as negligent entrustment — when someone provides access to a dangerous instrument, like a jet ski, knowing or having reason to know the user is unfit to operate it safely.

Depending on who owned the jet ski involved in the Grapevine Lake accident, either a private individual or a rental company could face civil liability. Authorities with the Texas Parks and Wildlife Department are currently investigating the ownership of the craft. If it turns out that the watercraft was entrusted to an unqualified or reckless driver, the owner — whether private or a rental company — could be held responsible for the fatal outcome.

Jet Ski Owner Liability: If a boat or jet ski owner allows a person to operate a vehicle in an unsafe manner, the owner may be held responsible for negligent entrustment. Texas Parks and Wildlife Department officials are investigating the ownership of the craft. If Gonzalez was not the owner, the actual owner could face liability for:

  • Entrusting the watercraft to an unlicensed or inexperienced operator
  • Failing to provide adequate safety instructions
  • Knowing or having reason to know of the operator’s propensity for reckless behavior

If Daikerlyn Gonzalez-Gonzalez was not the owner, the individual who allowed her to use the jet ski could face serious legal consequences under these principles.

Rental Company Liability:
Law enforcement is still determining if the jet ski was rented. Even if that fact does not become central in this case, rental company liability is a key factor in many boating accident claims. Rental facilities have a legal duty to ensure every vessel is properly inspected, maintained, and safely entrusted to qualified users. If the jet ski was rented, the company could face liability for:

  • Negligent entrustment by rental facility if the facility did not provide safety instruction or have proper safety instructions posted; if the rental facility did not conduct a proper demonstration or check ride; or if the renter is not 18 or does not have boater safety education credentials.
  • Failure to verify operator competency
  • Inadequate safety briefing or training

nsurance Coverage in Boat and Jet Ski Cases

Insurance Coverage for Boats & Jet Skis: Texas Doesn’t Require It

Unlike automobile insurance, which is mandatory, Texas does not require insurance for personal watercraft or boats. This regulatory gap can leave accident victims with limited options for financial recovery. Although insurance isn’t legally required, lenders often mandate coverage if the watercraft is financed.

Insurance for Rentals

Jet ski rental companies, on the other hand, typically carry comprehensive liability insurance as part of their business operations. These policies may include:

  • Third-party liability for bodily injury and property damage
  • Coverage for damage to the rental equipment while under customer control
  • General liability for incidents occurring on the premises
  • Professional liability for claims involving inadequate training or instruction

If the jet ski involved in the Grapevine Lake accident was rented rather than privately owned, this could significantly improve the family’s ability to recover damages. Businesses that rent out watercraft — including marinas, docks, and yacht clubs — are strongly encouraged to carry Personal Watercraft (PWC) insurance, which typically includes liability protection for bodily injuries caused by a rented vessel.

Potential Coverage Sources

Because Texas law does not require watercraft insurance, it’s vital to identify every possible coverage source after a boating or jet ski accident. These may include:

  • Rental Company Insurance:
    If the jet ski was rented, the rental company’s commercial liability policy is often the most substantial and reliable source of coverage. These policies usually include high liability limits to cover injuries, death, or property damage caused by the rented watercraft.
  • Owner’s Watercraft Insurance Policy:
    |If the jet ski was privately owned, the owner’s boat or personal watercraft policy may offer liability coverage. This can include payments for bodily injury, death, or property damage, as well as legal defense costs if a lawsuit is filed.
  • Homeowner’s Insurance:
    In some cases, small boats or personal watercraft may be covered under a homeowner’s policy. However, this coverage is typically limited in scope and may not include liability for accidents occurring away from the home.
  • Operator’s Personal Liability Coverage:
    Even in the absence of dedicated watercraft insurance, the operator may have umbrella liability or homeowner’s liability insurance that provides secondary coverage for injuries or damages caused while operating a jet ski.

Why It Matters

The absence of mandatory watercraft insurance in Texas makes uncovering all potential insurance policies critical in wrongful death and serious injury cases. Just like on the road, accidents happen on the water — and victims should not be left without a path to recovery simply because coverage wasn’t required.

Unique Challenges

Unique Challenges in Grapevine Lake Jet Ski Accident

The civil litigation process arising from the Grapevine Lake jet ski crash faces a number of complex challenges — primarily due to the legal status of the individuals involved. Both suspects are Venezuelan nationals who reportedly entered the United States illegally and are now subject to ICE detainers and removal proceedings. These immigration issues create several serious obstacles for victims or their families seeking civil justice and financial compensation:

1. Limited Assets Available for Judgment Satisfaction
Individuals without lawful immigration status are often not financially established in the U.S. and may lack insurable interests, verifiable income, or significant assets such as real estate or vehicles. Even if a civil judgment is obtained against a liable party, there may be little to no property or funds to seize in satisfaction of that judgment.

2. Risk of Deportation Complicating Collection Efforts
Because both suspects are in removal proceedings, there is a real possibility that one or both may be deported before a civil case is resolved. Deportation can stall or completely undermine the ability to collect a judgment, particularly if the individual returns to a country with limited legal cooperation or no reciprocal enforcement of U.S. civil judgments. Once removed, tracking, serving, or compelling their participation in a U.S. court proceeding becomes exceedingly difficult.

3. Urgency of Discovery and Asset Preservation
Given these risks, time is of the essence in any civil case involving defendants facing removal. Attorneys representing the victim’s family would likely need to pursue expedited discovery, including early depositions and aggressive efforts to identify and freeze any assets before they are transferred or rendered inaccessible. This may include:

  • Filing for pre-judgment writs of garnishment or attachment
  • Requesting temporary restraining orders to prevent asset dissipation
  • Subpoenaing financial institutions or third parties for asset information

In short, while there may be strong grounds for civil liability, collecting any damages from these defendants may prove extremely difficult. This makes it all the more important to identify alternative avenues for recovery — such as insurance coverage through a rental company or third-party liability — and to act quickly before immigration proceedings interfere with the litigation process.

Grapevine Lake Accident: Jet Ski and Boating Death Liability

Texas Wrongful Death and Survival Actions

Wrongful Death Claims

Under the Texas Wrongful Death Act , certain surviving family members may recover damages for the personal losses they suffer as a result of their loved one’s death. These claims are designed to compensate the surviving family — not the deceased’s estate.

Eligible Claimants
Only the surviving spouse, children, or parents of the deceased may file a wrongful death claim in Texas. In this case, Moore’s parents are legally permitted to bring the claim.

Recoverable Damages:

  • Mental anguish, emotional pain, and suffering
  • Loss of love, companionship, comfort, and society
  • Loss of future earning capacity (especially significant given Moore’s military career path)
  • Funeral and burial expenses
  • Exemplary (punitive) damages, if the facts show gross negligence or willful misconduct

Survival Action Claims

A survival action is brought on behalf of the decedent’s estate and addresses the harm suffered by the deceased between the time of injury and death. Unlike wrongful death claims, survival actions do not compensate surviving family members directly — rather, any recovery becomes part of the estate and is distributed according to a will or intestacy laws.

Recoverable Damages:

  • Conscious pain and suffering experienced before death
  • Medical expenses related to the fatal injury
  • Lost wages between the time of injury and death
  • Property damage (e.g., kayak or personal belongings)
  • Funeral expenses (if not already recovered through a wrongful death claim)

Statute of Limitations

Both wrongful death and survival action claims are subject to a two-year statute of limitations in Texas. This means a lawsuit must be filed within two years of the date of death.

For Moore — who tragically passed away on May 25, 2025 — the deadline to file either claim is May 25, 2027.

Additional Causes of Action

Additional Causes of Action

In addition to direct operator liability and negligent entrustment, several other legal theories may support civil claims in the Grapevine Lake accident, depending on the specific facts uncovered during the investigation.

1. Premises Liability – Lake/Park Management

If the entity responsible for managing Grapevine Lake or Oak Grove Park failed to take reasonable steps to ensure public safety, they may be held liable under a premises liability theory. Potential failures may include:

  • Inadequate patrolling of waterways to monitor reckless behavior
  • Failure to enforce speed restrictions or designated safety zones
  • Lack of adequate signage or warning systems for boaters and swimmers
  • Failure to properly separate conflicting recreational activities (e.g., swimming areas vs. high-speed watercraft zones)

2. Dram Shop Liability

Under Texas Dram Shop laws, bars and restaurants can be held legally responsible if they serve alcohol to an obviously intoxicated individual who later causes injury or death. While it has not yet been determined whether alcohol played a role in this incident, liability may arise if it’s shown that the jet ski operator was overserved and obtained alcohol from a licensed establishment prior to the crash.

3. Product Liability

If a mechanical failure contributed to the accident, product liability or maintenance negligence claims may also be viable. These could include:

  • Manufacturing defects in the jet ski that made it unsafe for operation
  • Negligence by a maintenance provider in inspecting, repairing, or servicing the watercraft
  • Failure of safety equipment, such as throttle controls, kill switches, or life vests, due to design or production flaws

Grapevine Lake Accident: Jet Ski and Boating Death Liability

Strategic Litigation Considerations

Given the urgency of potential deportation proceedings, several critical steps must be taken immediately to preserve the viability of any future litigation. Asset investigation represents the most time-sensitive priority, as counsel must locate and preserve all potential sources of recovery before defendants leave the jurisdiction. This includes identifying bank accounts, real estate holdings, business interests, and any other assets that could satisfy a judgment.

Simultaneously, comprehensive insurance discovery must be undertaken to identify all applicable policies that might provide coverage for the incident. This includes not only obvious liability policies but also umbrella coverage, marine insurance, and any specialty policies that defendants or related entities may carry. The identification of insurance coverage often proves crucial to meaningful recovery in maritime accident cases.

Evidence preservation cannot be delayed, as witness memories fade and physical evidence deteriorates or disappears. Securing detailed witness statements from all available parties, obtaining surveillance footage from nearby establishments or vessels, and documenting the physical condition of the vessel and accident scene are essential steps that become increasingly difficult with time. The transient nature of the maritime environment makes prompt evidence collection particularly critical.

Finally, the retention of qualified experts should begin immediately to ensure their availability and to begin the process of accident reconstruction while evidence remains fresh. Marine safety experts can analyze the vessel’s condition and operational procedures, accident reconstruction specialists can determine causation and fault allocation, and economic experts will be necessary to quantify damages. Early expert involvement often proves invaluable in developing case strategy and identifying additional avenues of investigation.

The Moore family deserves justice for their tragic loss, and the civil justice system provides the primary avenue for accountability when the criminal system alone cannot adequately address the full scope of harm caused by such reckless conduct.

Loved One Killed or Injured In a Boating Accident? Contact Us.

Varghese Summersett is a premier personal injury firm serving clients across the state of Texas. With offices in Fort Worth, Dallas, Southlake, and Houston, our team is strategically positioned to handle serious injury and wrongful death cases wherever they arise — from major metropolitan areas to smaller communities throughout the Lone Star State.

We are known for delivering exceptional, client-focused representation rooted in experience, compassion, and results. We understand the physical, emotional, and financial toll of catastrophic injuries and wrongful death. Call 817-203-2220 for a free consultation with an experienced boating accident attorney today.

Grapevine Lake Accident: Jet Ski and Boating Death Liability

Varghese Summersett

Sweeping THC Ban Awaits Texas Governor’s Signature

Texas is set to enact one of the strictest crackdowns on hemp-derived THC products in the country. Senate Bill 3 (SB 3), which has already cleared both chambers of the Texas Legislature, is awaiting Governor Greg Abbott’s signature. Unless vetoed, the new THC laws in Texas will take effect on September 1, 2025.

This law will criminalize the possession, sale, or manufacture of any consumable hemp product containing cannabinoids other than CBD (cannabidiol) or CBG (cannabigerol). That includes previously legal and widely available substances such as delta-8 THC, delta-10 THC, THCA, THC-V, CBN, and more.

But here’s the twist: the law may ban more than it defines. While aimed at outlawing products like delta-8 and delta-10 THC, the legislation also criminalizes precursors—including THCA, a compound that technically isn’t THC until heated. In trying to eliminate intoxicating hemp derivatives, the state may outlaw substances that only become illegal through the very process of testing them. It’s a ban that, in some cases, could create THC in the eyes of the law.

New THC Laws in Texas

How We Got Here

Currently, Texas permits hemp-derived products containing less than 0.3% delta-9 THC. This loophole has allowed alternatives like delta-8 and delta-10—compounds with similar psychoactive effects—to thrive. These products have been sold legally in smoke shops and wellness stores statewide due to their derivation from federally legal hemp.

Senate Bill 3: The Dramatic Legal Shift

Senate Bill 3 explicitly bans the possession, sale, or manufacture of consumable hemp products containing cannabinoids other than CBD or CBG. The statute states:

“A consumable hemp product that contains any amount of a cannabinoid other than cannabidiol (CBD) or cannabigerol (CBG) may not be sold at retail or otherwise introduced into commerce in this state.”

Non-Intoxicating THCA Becomes Illegal THC During Testing

SB 3 mandates testing using post-decarboxylation, high-performance liquid chromatography (HPLC). This converts non-intoxicating THCA into intoxicating THC during testing, artificially inflating THC levels and potentially classifying non-intoxicating products as illegal.

New THC Laws in Texas: The Ban That Creates THC in Testing

Corrected Offenses and Penalties Under the New THC Law

Offense Code Section Offense Level Punishment Range
Manufacture, Delivery, or Possession with Intent to Deliver illegal cannabinoid products Health & Safety Code § 443.251 Third-Degree Felony 2–10 years in prison and up to a $10,000 fine
Possession of cannabinoid products other than CBD/CBG Health & Safety Code § 443.252 Class C Misdemeanor (First two offenses); Enhanced Misdemeanor (Third offense) First two offenses: Fine up to $500 only; Third offense: Up to 180 days in jail, and/or fine between $250 and $2,000
Sale or distribution to persons under 21 Health & Safety Code § 443.253 Class A Misdemeanor Up to 1 year in jail and up to a $4,000 fine
Sale of consumable hemp products for smoking Health & Safety Code § 443.254 Class B Misdemeanor Up to 180 days in jail and up to a $2,000 fine
Sale or delivery within 1,000 feet of a school Health & Safety Code § 443.255 Class B Misdemeanor Up to 180 days in jail and up to a $2,000 fine
Delivery by courier, mail, or delivery service Health & Safety Code § 443.256 Class A Misdemeanor Up to 1 year in jail and up to a $4,000 fine
False laboratory report Health & Safety Code § 443.257 Third-Degree Felony 2–10 years in prison and up to a $10,000 fine
Manufacturing or selling without a license or registration Health & Safety Code § 443.258 Third-Degree Felony 2–10 years in prison and up to a $10,000 fine

What Happens Next?

SB 3 is expected to become law on September 1, 2025. Retailers must register products by January 1, 2026. Consumers should prepare for significant changes, recognizing that possession of previously legal substances could soon result in arrest and prosecution.

Need Help? Contact Varghese Summersett

If you’ve been arrested or cited for delta-8, THC, or marijuana-related charges, call 817-203-2220 or visit www.versustexas.com to schedule a consultation with one of our experienced criminal defense attorneys.

Varghese Summersett

Texas Governor Vetoes THC Ban: What It Means for Consumers, Businesses, and Politics

In a late-night decision that sent shockwaves through Texas politics, Governor Greg Abbott vetoed Senate Bill 3 (SB 3) just before midnight on June 22, 2025, preserving the state’s $8 billion hemp industry and avoiding what critics called a legal disaster waiting to happen.


THC Ban - the Midnight Veto

The Midnight Veto

As the clock approached midnight on Sunday, Governor Abbott made a decision that would affect millions of Texans: he vetoed SB 3, a bill that would have banned virtually all hemp-derived THC products in the state, including popular delta-8 and delta-9 products .

The governor didn’t mince words about his reasoning. Calling the bill “well-intentioned” but fundamentally flawed, Abbott warned it would face “valid constitutional challenges” and pointed directly to Arkansas, where similar legislation has been tied up in federal court for nearly two years.
What Would Happen If SB 3 Became Law?

What Would Have Happened If SB 3 Became Law?

Had Abbott signed the bill, Texas would have witnessed a seismic shift in how the state treats hemp products. The possession, production, or distribution of hemp-derived THC products would have become criminal offenses overnight, with many violations carrying felony charges. This wasn’t just about removing products from store shelves—it was about potentially criminalizing thousands of Texans who currently use these products legally.

An $8 billion industry supporting over 50,000 jobs would have collapsed, leaving legitimate business owners who built their companies under current law suddenly operating outside it.

Millions of Texans who rely on these products for legitimate wellness purposes would have lost access overnight. Veterans managing PTSD, seniors dealing with chronic pain, and everyday Texans who chose hemp products over pharmaceuticals would have been forced to either break the law or suffer without alternatives.

The Constitutional Problem: Why Federal Law Matters

The Constitutional Problem: Why Federal Law Matters

Abbott’s veto wasn’t just political calculation—it was based on solid legal ground. SB 3 would have faced immediate challenges. The 2018 Farm Bill legalized hemp and hemp-derived products containing less than 0.3% delta-9 THC nationwide. Lawsuits had already been prepared to challenge SB3 had it been enacted, arguing the new law would have been a violation of the Supremacy Clause. Abbott specifically cited Arkansas’s experience, where a federal judge blocked a similar ban. That state’s law has been unenforceable for nearly two years as it winds through the courts—a scenario Texas has now avoided.

Legal experts also criticized SB 3’s vague language around “intoxicating cannabinoids.” This ambiguity would have made it nearly impossible for businesses and consumers to know what was legal, raising serious due process concerns.

Rare Republican Split

A Rare Republican Split: Abbott vs. Patrick

The veto exposed a significant rift within Texas Republican leadership, pitting Governor Abbott against Lieutenant Governor Dan Patrick in an unusually public dispute.

SB 3 Veto Explained: THC Ban Vetoed by Governor Abbott

Patrick’s Position: Prohibition at All Costs

Lt. Governor Patrick, who made SB 3 one of his top five legislative priorities in 17 years, accused Abbott of abandoning families and law enforcement. Patrick’s camp argued that only a complete ban could protect children from what they called predatory marketing by the hemp industry.

Abbott's Pragmatism

Abbott’s Pragmatism: Regulate, Don’t Ban

Governor Abbott’s position reflected a more nuanced understanding of both political reality and practical governance. Polls consistently showed that most Texans, including a majority of Republicans, prefer sensible regulation over outright prohibition. The governor recognized that the hemp industry contributes billions to Texas’s economy—money that would disappear overnight under a ban, likely pushing the market underground where no regulations or consumer protections exist.

Veterans groups played a particularly influential role in Abbott’s decision. Their advocacy highlighted how many former service members rely on hemp products to manage PTSD and chronic pain without the side effects of traditional pharmaceuticals. Small business owners who had invested their life savings into legitimate hemp businesses under current law also made their voices heard, warning that a ban would destroy livelihoods built on following the rules.

By choosing regulation over a ban, Abbott kept the door open for Texas to create a framework that protects consumers, especially minors, while preserving a legitimate industry.

THC Ban: the July Special Session

What Happens Next: The July Special Session

Abbott didn’t just veto the bill—he called a special legislative session for July 21, 2025, specifically to address hemp regulation. The session will likely focus on:

  • Age Restrictions: Limiting sales to adults 21 and over
  • Child-Resistant Packaging: Requirements to prevent accidental consumption by minors
  • Potency Limits: Establishing maximum THC levels for different products
  • Clear Labeling: Ensuring consumers know exactly what they’re buying
  • Enforcement Authority: Likely giving oversight to the Texas Alcoholic Beverage Commission

The special session promises to be contentious, with Patrick and his allies expected to push for stricter measures while the industry and moderate Republicans advocate for workable regulations.

Bigger Picture _ Why This Matters

The Bigger Picture: Why This Matters Beyond Texas

Texas’s decision reverberates far beyond state lines, signaling a potential shift in how conservative states approach hemp regulation. The veto reinforces a fundamental principle of federalism: states cannot simply override federal hemp laws, no matter how strong the political pressure. This reality check could influence legislators in other red states considering similar bans.

More significantly, Texas may now become an unlikely laboratory for sensible hemp regulation. If the state can craft rules that protect public health while preserving a legitimate industry, it could provide a model for other conservative states struggling with the same issues. The alternative—continued attempts at prohibition that inevitably fail in court—offers nothing but wasted time and taxpayer money.

The political implications are equally fascinating. The Abbott-Patrick split reveals changing Republican attitudes toward cannabis-related products, suggesting the old “just say no” approach is losing ground even in deeply conservative circles. This evolution reflects broader demographic and generational changes within the party, as younger conservatives increasingly view hemp products through an economic and personal freedom lens rather than a moral one.

Economically, preserving a multi-billion dollar industry in the nation’s second-largest state sends a clear message to investors and entrepreneurs: the hemp industry has a future in America, even in states not typically associated with cannabis reform. This stability could accelerate innovation and investment in safer, better-regulated products—exactly the opposite of what prohibition would achieve.

Understanding Governor Vetos

Understanding Gubernatorial Vetoes in Texas

While Abbott vetoed 26 bills this session (and 77 in 2023), high-profile vetoes like SB 3 are relatively rare. The Texas governor’s veto power is particularly strong after the legislative session ends, as lawmakers cannot override it without a special session—which only the governor can call.

Key Takeaways from the SB 3 Veto

Key Takeaways from the SB 3 Veto for Texans

What This Means for You:

  • For Consumers: Hemp-derived THC products remain legal in Texas for now
  • For Businesses: The $8 billion industry avoids immediate shutdown but should prepare for new regulations
  • For Law Enforcement: No new enforcement burden or confusion about trace THC levels
  • For Politics: Expect heated debates during the July 21 special session

Looking Ahead

The July special session will determine whether Texas can craft sensible regulations that protect consumers—especially minors—while preserving a legitimate industry and respecting federal law.

The outcome of the special session will determine whether Texas becomes a model for regulated hemp markets or continues down a path of legal and political conflict. For now, the status quo remains, giving all sides time to prepare for what promises to be one of the most watched legislative battles of 2025.


This article will be updated as more information becomes available about the July 21 special session and any new legislative proposals.

Varghese Summersett

In a significant legislative move aimed at combating online harassment and exploitation, the federal government has enacted the “Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act,” widely known as the TAKE IT DOWN Act . This new law creates federal criminal offenses designed to crack down on individuals who knowingly share nonconsensual intimate visual depictions, including realistic digital manipulations known as “deepfakes.”

The act specifically amends Section 223 of the Communications Act of 1934, expanding federal criminal jurisdiction to target online publication of intimate visual images shared without consent. Under the newly established provisions, prosecutors can pursue charges against individuals using online platforms or interactive computer services, such as social media or websites, to distribute explicit images without permission.

Offenses Involving Authentic Images

The act makes it illegal to knowingly publish intimate visual depictions online involving adults under specific conditions: the individual depicted must have had a reasonable expectation of privacy, the image must not have been voluntarily disclosed publicly or commercially, and the image must not represent a matter of public concern. Importantly, the publication must either intend to cause harm or actually result in psychological, financial, or reputational damage.

For offenses involving minors, defined as individuals under 18 years old, the act imposes stricter criteria and harsher penalties. It criminalizes publication intended to abuse, humiliate, harass, degrade, or sexually gratify.

Federal Penalties under Take it Down Act

Punishment Ranges under the TAKE IT DOWN Act

Type of Offense Adult Victims (18+) Minor Victims (Under 18)
Publishing Authentic Images Up to 2 years imprisonment, fines Up to 3 years imprisonment, fines
Publishing Digital Forgeries (Deepfakes) Up to 2 years imprisonment, fines Up to 3 years imprisonment, fines
Threats to Publish Authentic Images Up to 2 years imprisonment, fines Up to 3 years imprisonment, fines
Threats to Publish Digital Forgeries (Deepfakes) Up to 18 months imprisonment, fines Up to 30 months imprisonment, fines

Digital Forgery_ Deepfake Offenses

Digital Forgery (Deepfake) Offenses

Recognizing the growing threat posed by increasingly sophisticated technological manipulations known as “deepfakes,” the TAKE IT DOWN Act explicitly criminalizes the publication of digitally forged intimate images. Such images are often created through artificial intelligence or other digital technologies to realistically mimic an individual’s appearance in explicit scenarios.

To prosecute individuals for publishing these deepfakes, the law mandates similar conditions to those involving authentic images: the digital forgery must be published without the individual’s consent, must not represent publicly or commercially disclosed content, and must not be a matter of public concern. Like authentic images, prosecution requires evidence that the publication intended harm or actually caused substantial damage.

Criminalizing Threats

The law also targets threats to publish nonconsensual intimate images, explicitly penalizing threats used to intimidate, coerce, extort, or inflict mental distress.

Robust Enforcement and Additional Penalties

To further strengthen enforcement, the TAKE IT DOWN Act authorizes courts to mandate forfeiture of assets directly linked to these offenses, including equipment and profits from the illegal activity. Additionally, courts may order restitution to compensate victims for financial and emotional harm caused by the offense.

The act clarifies important legal distinctions—most notably, that consent to create or privately share intimate images does not imply consent for broader publication.

Exceptions for Lawful Activities

The TAKE IT DOWN Act recognizes several important exceptions, such as disclosures made in good faith to law enforcement, for legitimate medical or educational purposes, or by individuals publishing their own images. Importantly, it also excludes legitimate investigative or protective activities conducted by law enforcement and intelligence agencies.

Platform Accountability

Beyond criminalizing individual misconduct, the TAKE IT DOWN Act imposes civil responsibilities on online platforms hosting user-generated content. These platforms must implement clear procedures for swiftly removing nonconsensual intimate depictions upon valid requests from victims, with mandated removal deadlines within 48 hours.

Failure by platforms to comply with these removal requirements could trigger enforcement actions by the Federal Trade Commission under unfair or deceptive business practice standards.

The TAKE IT DOWN Act represents a powerful federal response to a pervasive and damaging form of digital abuse, providing clear legal remedies and stringent enforcement measures aimed at deterring nonconsensual image sharing and digital harassment nationwide.

Our criminal defense attorneys stand between you and the government

 

Accused of Violating the Take it Down Act? Contact Us.

Being charged under the TAKE IT DOWN Act is a serious federal offense that can carry life-altering consequences, including prison time, heavy fines, and lasting reputational damage. If you or a loved one is under investigation or facing charges related to the distribution or threat of sharing nonconsensual intimate images — whether authentic or digitally manipulated — it is critical to have experienced legal counsel by your side.

At Varghese Summersett, our federal defense attorneys understand the complexities of this newly enacted legislation and stand ready to protect your rights, reputation, and future. We bring an unwavering commitment to excellence and discretion in high-stakes digital and criminal matters.

Schedule a confidential consultation today to discuss your case and begin building a strong defense. Call 817-203-2220.

Criminal Defense Team

Varghese Summersett

Massage parlor raids in Texas have become increasingly common as law enforcement agencies target businesses suspected of prostitution, solicitation, and human trafficking. These operations are often the result of long-term investigations involving local police, the Texas Department of Licensing and Regulation (TDLR) , and sometimes federal agencies. Whether you are a client, employee, or business owner, being implicated in one of these raids can carry severe legal and personal consequences.

In this article, the defense attorneys at Varghese Summersett explain massage parlor busts in Texas, the criminal charges that can result, and why it is critical to act immediately if you have been arrested or accused of a sex crime. We also outline the recent changes in Texas law that allow the TDLR to shut down businesses suspected of illegal activity — even before formal charges are filed.

massage parlor busts in Texas

 

Recent Massage Parlor Raids in Fort Worth

In recent months, multiple massage parlors in Fort Worth have been raided and shut down after investigations uncovered suspected illegal activity. Violations have included employees working without proper licenses, evidence of illegal services being offered to customers, and suggestive online advertising of illicit services. The ongoing crackdown has been led by the Fort Worth Police Department and TDLR, and similar enforcement actions have occurred in other Texas cities, including Round Rock and Houston.

A recent change in Texas law now allows TDLR to issue emergency closure orders for businesses suspected of illegal activity — even before any criminal charges are filed. These massage parlor stings are a preemptive tool when there is credible evidence of human trafficking, sexual misconduct, or criminal operations masked as legitimate business.

Massage Parlor Raids in Texas: Charges & Penalties

Common Charges From Massage Parlor Busts in Texas

When law enforcement raids a massage parlor suspected of illegal activity, it often leads to criminal charges. Below are the most common charges stemming from massage parlor investigations and raids in Texas — along with the potential penalties individuals may face under the law:

Prostitution – Texas Penal Code § 43.02

A person commits prostitution if they knowingly offer or agree to engage in sexual conduct for a fee. Both service providers and clients can be charged.

  • First offense: Class B misdemeanor, punishable by up to 180 days in jail and a maximum $2,000 fine
  • Second offense: Class A misdemeanor, punishable by up to 1 year in jail and a maximum $4,000 fine
  • Third or subsequent offense: State jail felony, punishable by 180 days to 2 years in a state jail facility and a maximum $10,000 fine

prostitution-charges-in-texas

Solicitation of Prostitution – Texas Penal Code § 43.021

A person commits solicitation of prostitution if he or she knowingly offers or agrees to pay a fee to another for the purpose of engaging in sexual conduct with that person or another.

  • First offense: State jail felony, punishable 180 days to 2 years in a state jail facility and up to a $10,000 fine
  • If the person solicited is under 18:  Second-degree felony, punishable by 2 to 20 years in prison and up to a $10,000 fine.

Human Trafficking – Texas Penal Code § 20A.02

A person commits human trafficking if they knowingly traffic another person and use force, fraud, or coercion to cause them to engage in labor, services, or commercial sex acts. It is also a crime to knowingly benefit from participation in a trafficking venture.

In massage parlor investigations, this charge often arises when individuals — particularly undocumented immigrants — are found to be forced or coerced into sex work or labor under exploitative conditions.

  • Penalty: Second-degree felony, punishable by 2 to 20 years in prison and a maximum $10,000 fine
  • If the victim is under 18 or suffers serious bodily injury: First-degree felony, punishable by  5 to 99 years or life in prison and a maximum $10,000 fine

Promotion of Prostitution – Texas Penal Code § 43.03

A person commits an offense if he or she receives money or other property pursuant to an agreement to participate in the proceeds of prostitution; or solicits another to engage in sexual conduct with another person for compensation.

  • Penalty: Third-degree felony, punishable by 2 to 10 years in prison and a maximum $10,000 fine
  • With a prior conviction: Second-degree felony, punishable b y 2 to 20 years in prison and a maximum $10,000 fine
  • If the conduct involves a minor (under 18): First-degree felony, punishable by 5 to 99 years or life in prison and a maximum $10,000 fine, regardless of whether the accused knew the minor’s age.

Aggravated Promotion of Prostitution – Texas Penal Code § 43.04

A person commits aggravated promotion of prostitution if they knowingly own, invest in, finance, control, supervise, or manage a prostitution operation that involves two or more prostitutes. This charge is typically reserved for individuals operating or profiting from organized prostitution rings or massage parlors functioning as illicit enterprises.

  • Penalty: First-degree felony, punishable by 5 to 99 years or life in prison and a maximum $10,000 fine

Engaging in Organized Criminal Activity – Texas Penal Code § 71.02

A person commits engaging in organized crime if they, with the intent to establish, maintain, or participate in a criminal combination or street gang, commit or conspire to commit certain specified crimes — such as prostitution, human trafficking, aggravated promotion of prostitution, or compelling prostitution.

This statute is often used to target criminal enterprises involving multiple actors, such as organized prostitution rings, trafficking networks, or coordinated illegal massage parlors. Individuals who finance, coordinate, or recruit others—even if they do not directly engage in the underlying crime—may be prosecuted under this law.

  • Penalty: The punishment is enhanced by one degree above the underlying offense
  • For example, if the base charge is a second-degree felony, the organized crime enhancement raises it to a first-degree felony.

Federal Charges After a Massage Parlor Bust

Massage parlor raids can escalate into federal cases, especially if:

  • The activity crosses state lines
  • Undocumented individuals are involved
  • There is evidence of wire fraud, money laundering, or social media-based trafficking

Federal convictions can carry mandatory minimum sentences and longer prison terms than state offenses. Agencies such as ICE, the FBI, and Homeland Security may become involved.

Massage Parlor Raids in Texas: Charges & Penalties

What to Expect During a Massage Parlor Raid

Massage parlor raids can be swift, intense, and legally complex. Law enforcement typically arrives with a search warrant, detains individuals on-site, and begins collecting evidence. Officers may question employees and clients, while state regulators like the Texas Department of Licensing and Regulation (TDLR) assess licensing violations that can result in immediate business closures—even before any criminal charges are filed.

  • Search Warrants: Officers will enter with judicial authorization and may detain anyone on-site.
  • Interviews: Law enforcement may question employees and patrons. You have the right to remain silent and to request an attorney.
  • Evidence Collection: Phones, cash, business records, surveillance systems, and IDs may be seized.
  • TDLR Involvement: Inspectors can revoke licenses or issue an immediate closure, often before criminal charges are filed.
  • Arrests: Police may arrest individuals suspected of engaging in or facilitating illegal activity, such as prostitution or human trafficking. Those taken into custody may face serious misdemeanor or felony charges, depending on the allegations and evidence gathered during the raid.

If you have been arrested or are under investigation following a massage parlor raid, it’s critical to contact an experienced criminal defense attorney immediately. Early legal intervention can help protect your rights, limit exposure to criminal charges, and begin building a strong defense before formal accusations are filed.

How Investigators Build Their Case

Authorities typically spend months compiling evidence before a raid, including:

  • Undercover operations and stings to document illegal offers of sexual services
  • Surveillance of traffic, client interactions, and staff behavior
  • Audits of licenses, financials, and hiring records to detect money laundering or unlicensed operations

This multi-agency approach makes it easier to stack multiple charges –  and harder to fight without experienced legal counsel.

Massage Parlor Raids in Texas: Charges & Penalties

Common Misconceptions About Massage Parlor Offenses

“Everyone Consented.”
Consent does not negate trafficking, especially when the person is underage or coerced.

“It’s Just a Misdemeanor.”
Solicitation is now a felony, and promotion or trafficking can result in decades in prison.

“Only the Owners Get Charged.”
Not true. Employees, landlords, drivers, and even clients may face criminal charges or be listed as co-conspirators.

Immigration Risks for Non-Citizens

Massage parlor raids often involve individuals without legal status. Convictions for prostitution or trafficking may lead to:

  • Detention by ICE
  • Deportation proceedings
  • Loss of green card or asylum eligibility
  • Bars to reentry into the U.S.

Even without a conviction, ICE holds can delay release on bond or result in transfer to immigration detention.

Can the State Shut Down a Business Without a Conviction?

Yes. As of September 1, 2023, under House Bill 3579, the Texas Department of Licensing and Regulation (TDLR) can issue Emergency Orders of Closure against massage establishments suspected of human trafficking or related sexual offenses — even without criminal charges or a conviction.

The law allows TDLR’s executive director to halt operations if:

  • Law enforcement notifies TDLR that an establishment is under investigation for human trafficking or related sexual offenses.
  • TDLR has reasonable cause to believe such offenses are being committed at the business.

These closures can:

  • Be enforced immediately
  • Remain in place while investigations continue
  • Result in permanent loss of licensure
  • There is no requirement for criminal charges to be filed first

These emergency closure orders are typically effective for six months, giving authorities time to investigate further and provide support to potential victims. After this period, TDLR can either allow the business to reopen or revoke its license, depending on the outcome of the investigation.

The law does not broadly apply to every form of illegality, but focuses on combating human trafficking and sexual offenses within massage establishments. The law took effect on September 1, 2023, and has been actively used across Texas since then.

Criminal Defense Team

Questioned or Arrested in a Massage Parlor Raid?

Massage parlor raids can lead to life-altering consequences: felony records, sex offender registration, loss of business, immigration consequences, and permanent public stigma. If your name is tied to one of these operations, your next move is critical.

The criminal defense attorneys at Varghese Summersett have handled some of the most complex sex crimes and trafficking charges in North Texas. We act fast to protect your freedom, rights, and reputation. Call us today at 817-203-2220 or contact us online.

Our criminal defense attorneys stand between you and the government

Varghese Summersett

Massage parlor raids in Texas have become increasingly common as law enforcement agencies target businesses suspected of prostitution, solicitation, and human trafficking. These operations are often the result of long-term investigations involving local police, the Texas Department of Licensing and Regulation (TDLR) , and sometimes federal agencies. Whether you are a client, employee, or business owner, being implicated in one of these raids can carry severe legal and personal consequences.

In this article, the defense attorneys at Varghese Summersett explain massage parlor busts in Texas, the criminal charges that can result, and why it is critical to act immediately if you have been arrested or accused of a sex crime. We also outline the recent changes in Texas law that allow the TDLR to shut down businesses suspected of illegal activity — even before formal charges are filed.

massage parlor busts in Texas

 

Recent Massage Parlor Raids in Fort Worth

In recent months, multiple massage parlors in Fort Worth have been raided and shut down after investigations uncovered suspected illegal activity. Violations have included employees working without proper licenses, evidence of illegal services being offered to customers, and suggestive online advertising of illicit services. The ongoing crackdown has been led by the Fort Worth Police Department and TDLR, and similar enforcement actions have occurred in other Texas cities, including Round Rock and Houston.

A recent change in Texas law now allows TDLR to issue emergency closure orders for businesses suspected of illegal activity — even before any criminal charges are filed. These massage parlor stings are a preemptive tool when there is credible evidence of human trafficking, sexual misconduct, or criminal operations masked as legitimate business.

Massage Parlor Raids in Texas: Charges & Penaties

Common Charges From Massage Parlor Busts in Texas

When law enforcement raids a massage parlor suspected of illegal activity, it often leads to criminal charges. Below are the most common charges stemming from massage parlor investigations and raids in Texas — along with the potential penalties individuals may face under the law:

Prostitution – Texas Penal Code § 43.02

A person commits prostitution if they knowingly offer or agree to engage in sexual conduct for a fee. Both service providers and clients can be charged.

  • First offense: Class B misdemeanor, punishable by up to 180 days in jail and a maximum $2,000 fine
  • Second offense: Class A misdemeanor, punishable by up to 1 year in jail and a maximum $4,000 fine
  • Third or subsequent offense: State jail felony, punishable by 180 days to 2 years in a state jail facility and a maximum $10,000 fine

prostitution-charges-in-texas

Solicitation of Prostitution – Texas Penal Code § 43.021

A person commits solicitation of prostitution if he or she knowingly offers or agrees to pay a fee to another for the purpose of engaging in sexual conduct with that person or another.

  • First offense: State jail felony, punishable 180 days to 2 years in a state jail facility and up to a $10,000 fine
  • If the person solicited is under 18:  Second-degree felony, punishable by 2 to 20 years in prison and up to a $10,000 fine.

Human Trafficking – Texas Penal Code § 20A.02

A person commits human trafficking if they knowingly traffic another person and use force, fraud, or coercion to cause them to engage in labor, services, or commercial sex acts. It is also a crime to knowingly benefit from participation in a trafficking venture.

In massage parlor investigations, this charge often arises when individuals — particularly undocumented immigrants — are found to be forced or coerced into sex work or labor under exploitative conditions.

  • Penalty: Second-degree felony, punishable by 2 to 20 years in prison and a maximum $10,000 fine
  • If the victim is under 18 or suffers serious bodily injury: First-degree felony, punishable by  5 to 99 years or life in prison and a maximum $10,000 fine

Promotion of Prostitution – Texas Penal Code § 43.03

A person commits an offense if he or she receives money or other property pursuant to an agreement to participate in the proceeds of prostitution; or solicits another to engage in sexual conduct with another person for compensation.

  • Penalty: Third-degree felony, punishable by 2 to 10 years in prison and a maximum $10,000 fine
  • With a prior conviction: Second-degree felony, punishable b y 2 to 20 years in prison and a maximum $10,000 fine
  • If the conduct involves a minor (under 18): First-degree felony, punishable by 5 to 99 years or life in prison and a maximum $10,000 fine, regardless of whether the accused knew the minor’s age.

Aggravated Promotion of Prostitution – Texas Penal Code § 43.04

A person commits aggravated promotion of prostitution if they knowingly own, invest in, finance, control, supervise, or manage a prostitution operation that involves two or more prostitutes. This charge is typically reserved for individuals operating or profiting from organized prostitution rings or massage parlors functioning as illicit enterprises.

  • Penalty: First-degree felony, punishable by 5 to 99 years or life in prison and a maximum $10,000 fine

Engaging in Organized Criminal Activity – Texas Penal Code § 71.02

A person commits engaging in organized crime if they, with the intent to establish, maintain, or participate in a criminal combination or street gang, commit or conspire to commit certain specified crimes — such as prostitution, human trafficking, aggravated promotion of prostitution, or compelling prostitution.

This statute is often used to target criminal enterprises involving multiple actors, such as organized prostitution rings, trafficking networks, or coordinated illegal massage parlors. Individuals who finance, coordinate, or recruit others—even if they do not directly engage in the underlying crime—may be prosecuted under this law.

  • Penalty: The punishment is enhanced by one degree above the underlying offense
  • For example, if the base charge is a second-degree felony, the organized crime enhancement raises it to a first-degree felony.

Federal Charges After a Massage Parlor Bust

Massage parlor raids can escalate into federal cases, especially if:

  • The activity crosses state lines
  • Undocumented individuals are involved
  • There is evidence of wire fraud, money laundering, or social media-based trafficking

Federal convictions can carry mandatory minimum sentences and longer prison terms than state offenses. Agencies such as ICE, the FBI, and Homeland Security may become involved.

Massage Parlor Raids in Texas: Charges & Penaties

What to Expect During a Massage Parlor Raid

Massage parlor raids can be swift, intense, and legally complex. Law enforcement typically arrives with a search warrant, detains individuals on-site, and begins collecting evidence. Officers may question employees and clients, while state regulators like the Texas Department of Licensing and Regulation (TDLR) assess licensing violations that can result in immediate business closures—even before any criminal charges are filed.

  • Search Warrants: Officers will enter with judicial authorization and may detain anyone on-site.
  • Interviews: Law enforcement may question employees and patrons. You have the right to remain silent and to request an attorney.
  • Evidence Collection: Phones, cash, business records, surveillance systems, and IDs may be seized.
  • TDLR Involvement: Inspectors can revoke licenses or issue an immediate closure, often before criminal charges are filed.
  • Arrests: Police may arrest individuals suspected of engaging in or facilitating illegal activity, such as prostitution or human trafficking. Those taken into custody may face serious misdemeanor or felony charges, depending on the allegations and evidence gathered during the raid.

If you have been arrested or are under investigation following a massage parlor raid, it’s critical to contact an experienced criminal defense attorney immediately. Early legal intervention can help protect your rights, limit exposure to criminal charges, and begin building a strong defense before formal accusations are filed.

How Investigators Build Their Case

Authorities typically spend months compiling evidence before a raid, including:

  • Undercover operations and stings to document illegal offers of sexual services
  • Surveillance of traffic, client interactions, and staff behavior
  • Audits of licenses, financials, and hiring records to detect money laundering or unlicensed operations

This multi-agency approach makes it easier to stack multiple charges –  and harder to fight without experienced legal counsel.

Massage Parlor Raids in Texas: Charges & Penaties

Common Misconceptions About Massage Parlor Offenses

“Everyone Consented.”
Consent does not negate trafficking, especially when the person is underage or coerced.

“It’s Just a Misdemeanor.”
Solicitation is now a felony, and promotion or trafficking can result in decades in prison.

“Only the Owners Get Charged.”
Not true. Employees, landlords, drivers, and even clients may face criminal charges or be listed as co-conspirators.

Immigration Risks for Non-Citizens

Massage parlor raids often involve individuals without legal status. Convictions for prostitution or trafficking may lead to:

  • Detention by ICE
  • Deportation proceedings
  • Loss of green card or asylum eligibility
  • Bars to reentry into the U.S.

Even without a conviction, ICE holds can delay release on bond or result in transfer to immigration detention.

Can the State Shut Down a Business Without a Conviction?

Yes. As of September 1, 2023, under House Bill 3579, the Texas Department of Licensing and Regulation (TDLR) can issue Emergency Orders of Closure against massage establishments suspected of human trafficking or related sexual offenses — even without criminal charges or a conviction.

The law allows TDLR’s executive director to halt operations if:

  • Law enforcement notifies TDLR that an establishment is under investigation for human trafficking or related sexual offenses.
  • TDLR has reasonable cause to believe such offenses are being committed at the business.

These closures can:

  • Be enforced immediately
  • Remain in place while investigations continue
  • Result in permanent loss of licensure
  • There is no requirement for criminal charges to be filed first

These emergency closure orders are typically effective for six months, giving authorities time to investigate further and provide support to potential victims. After this period, TDLR can either allow the business to reopen or revoke its license, depending on the outcome of the investigation.

The law does not broadly apply to every form of illegality, but focuses on combating human trafficking and sexual offenses within massage establishments. The law took effect on September 1, 2023, and has been actively used across Texas since then.

Criminal Defense Team

Questioned or Arrested in a Massage Parlor Raid?

Massage parlor raids can lead to life-altering consequences: felony records, sex offender registration, loss of business, immigration consequences, and permanent public stigma. If your name is tied to one of these operations, your next move is critical.

The criminal defense attorneys at Varghese Summersett have handled some of the most complex sex crimes and trafficking charges in North Texas. We act fast to protect your freedom, rights, and reputation. Call us today at 817-203-2220 or contact us online.

Our criminal defense attorneys stand between you and the government

Varghese Summersett

Swimming pools are a source of fun and relaxation in Texas, especially during our blistering summer months. But they also come with serious risks. Whether at a private residence, apartment complex, public pool, or hotel, a momentary lapse in safety can lead to catastrophic injury or even death.

If you or a loved one has sustained injuries or died due to a pool-related incident, a swimming pool accident lawyer at Varghese Summersett can help you pursue justice and compensation. In this article, our attorneys explain the various ways pool accidents occur, common injuries, who can be held liable, and how we can help.

Types of Swimming Pool Accidents

Types of Swimming Pool Accidents and How They Occur

Swimming pool accidents can happen in an instant and often result from preventable negligence. Common types of swimming pool accidents in Texas include:

Drowning and Near-Drowning

Drowning and near-drownings are the most severe and tragic pool-related incidents. Children are especially vulnerable, and lack of proper supervision or inadequate barriers (like fencing) are often contributing factors. According to the Texas Department of Family and Protective Services , drowning is one of the leading causes of accidental death among children in the state.

Slip and Falls

Pool decks, ladders, and diving boards can become slick with water, sunscreen, or algae, creating a hazardous environment. Property owners must regularly inspect and maintain walking surfaces to reduce slip hazards.

Diving Injuries

Improper signage or allowing diving in shallow areas can lead to spinal cord injuries, paralysis, or traumatic brain injuries. These cases frequently involve premises liability.

Entrapment or Suction Incidents

Defective or improperly maintained pool drains can trap swimmers, especially children, by their limbs or hair, sometimes resulting in serious injury or drowning.

Electrical Shock

Pools with faulty wiring or lighting can become a death trap. Electrocution is rare but deadly and usually results from code violations or negligent installation.

Chemical Burns and Respiratory Injuries

Improperly maintained chlorine levels or mixing of pool chemicals can cause skin irritation, burns, or respiratory damage from inhaling toxic fumes.

Common Swimming Pool Injuries

Common Swimming Pool Injuries

Swimming pool accidents often lead to serious, life-altering injuries — especially when negligence, inadequate supervision, or unsafe conditions are involved. These injuries can affect victims physically, emotionally, and financially for years to come. Some of the most common and devastating injuries include:

  • Traumatic Brain Injuries (TBI): A prolonged lack of oxygen during submersion can lead to severe brain damage. Victims of near-drowning incidents may suffer memory loss, cognitive impairment, developmental delays (in children), or permanent neurological damage. In the worst cases, the result is a persistent vegetative state or death.
  • Spinal Cord Injuries and Paralysis: Diving into shallow or poorly marked water can result in catastrophic spinal cord injuries. Victims may experience partial or total paralysis (paraplegia or quadriplegia), requiring lifelong medical care, adaptive equipment, and home modifications.
  • Broken Bones and Fractures: Slip-and-fall accidents are common around wet pool decks. A simple fall can lead to broken arms, legs, hips, or even skull fractures — especially in children and elderly individuals. These injuries can require surgery, physical therapy, and extensive recovery time.
  • Lacerations and Soft Tissue Damage: Sharp pool edges, cracked tiles, and faulty drains can cause deep cuts, bruises, and other painful injuries. In some cases, these wounds can lead to disfigurement or infections, especially when water sanitation is poor.
  • Lung Damage from Near-Drowning: Survivors of near-drowning may experience “secondary drowning,” in which water in the lungs causes inflammation or infection hours after the incident. This can result in pneumonia, respiratory distress, or long-term lung damage.
  • Chemical Burns and Toxic Exposure: Improper handling or overuse of pool chemicals like chlorine and algaecides can cause chemical burns to the skin and eyes. Inhaling toxic fumes may also result in throat irritation, respiratory issues, or chemical pneumonitis.
  • Electrocution and Cardiac Arrest: Faulty wiring in pool lights, pumps, or other electrical components can cause electric shock. These incidents are often fatal or result in cardiac arrest, internal injuries, or severe nerve damage.

Swimming Pool Accidents and Wrongful Death

When drowning results in death, the emotional and financial toll on families is devastating. Lives are changed in an instant, often due to circumstances that were entirely preventable — such as inadequate supervision, broken gates, faulty pool equipment, or a lack of warning signs. Under Texas Civil Practice and Remedies Code § 71, surviving family members have the legal right to pursue a wrongful death claim against the party whose negligence contributed to the tragedy. These claims seek compensation for loss of companionship, emotional pain and suffering, funeral and burial expenses, and the financial contributions the deceased would have made over their lifetime.

In Texas, wrongful death claims can be brought by the deceased’s spouse, children, or parents. If none of these individuals files within three months of the death, the executor or administrator of the estate may step in and file a claim on behalf of the estate. The goal is not only to ease the financial burden on surviving loved ones, but also to hold negligent parties accountable and help prevent similar tragedies in the future.

Establishing liability in swimming pool drowning cases often involves showing that the property owner, manager, or another responsible party failed to uphold a duty of care. For example, if a hotel pool was left unsecured or a lifeguard failed to act, those facts can form the foundation of a wrongful death case. These lawsuits can be complex, requiring expert testimony, thorough investigation, and careful legal strategy — all of which an experienced wrongful death attorney can provide.

Beyond the legal implications, these cases are deeply personal. No amount of compensation can bring a loved one back, but a successful claim can offer a measure of justice, closure, and financial stability in a family’s darkest moments. At Varghese Summersett, we approach these cases with compassion and commitment, fighting to ensure your loved one’s memory is honored and your family’s future is protected.

Texas Swimming Pool Accident Lawyers

Who Can Be Held Liable for Swimming Pool Accidents?

Liability depends on the circumstances of the accident and the type of property. Possible defendants include:

Property Owners and Managers

Whether it’s a homeowner, landlord, or hotel operator, the person responsible for the pool must maintain safe conditions and follow Texas premises liability laws.

Pool Maintenance Companies

If a contracted company failed to clean, inspect, or repair the pool properly, they could be held responsible for resulting injuries.

Product Manufacturers

When a pool-related injury is caused by a defective drain, ladder, diving board, or filtration system, the manufacturer may be liable under product liability laws.

Lifeguards or Pool Staff

For public or commercial pools, lifeguards must be properly trained and attentive. A lapse in monitoring or rescue efforts could result in liability for the individual and their employer.

Proving Negligence in swimming pool accidents

Proving Negligence in Swimming Pool Accident Cases

To hold a party liable in a Texas swimming pool accident case, your lawyer must establish four legal elements:

  • Duty of Care: The defendant owed a duty to maintain a reasonably safe pool environment.
  • Breach of Duty: The defendant failed to meet that standard, such as by ignoring hazards or failing to post warning signs.
  • Causation: The breach directly caused the accident or injury.
  • Damages: The victim suffered harm—physical, emotional, or financial—as a result.

Photos of the pool, eyewitness accounts, expert testimony, maintenance logs, and medical records can all help establish negligence.

The Attractive Nuisance Doctrine

In Texas, property owners can be held liable for injuries to children who access an unsecured pool — even if they were trespassing — under the “attractive nuisance doctrine.” The Attractive Nuisance Doctrine is a legal principle that holds property owners liable for injuries to children caused by hazardous features on their property that are likely to attract them. Swimming pools are one of the most common examples, especially relevant when they lack fencing, locks, or safety covers.

Under Texas law, if a landowner knows or should know that a condition on their property poses a danger to children — and fails to take reasonable steps to secure it — they may be held legally responsible for resulting injuries or deaths. To apply the doctrine, courts generally look at factors such as:

  • Whether the condition was likely to attract children.
  • Whether the child was too young to recognize the danger.
  • Whether the risk outweighed the burden of securing the hazard (e.g., installing a fence or gate).
  • Whether the landowner failed to take reasonable precautions.

Types of Compensation for a Texas Oilfield Accident
Types of Compensation Available

Victims of swimming pool accidents may be entitled to several forms of compensation, depending on the severity of their injuries and the level of negligence involved. Compensation is designed to help victims recover financially, emotionally, and physically after an accident.

Economic Damages

Economic damages cover the tangible, financial losses due to a swimming pool accident. These include:

  •  Medical bills (past and future)
  • Lost wages and future earning capacity
  • Physical therapy or rehabilitation
  • Funeral and burial expenses in wrongful death cases

Non-Economic Damages

Non-economic damages compensate for intangible losses that impact the victim’s quality of life. This includes:

  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Loss of companionship or consortium

Punitive Damages

In egregious cases involving gross negligence or reckless disregard for safety, Texas law allows courts to award punitive damages—also known as exemplary damages. Unlike compensatory damages, which are meant to reimburse victims for their losses, punitive damages are intended to punish the wrongdoer and deter similar conduct in the future.
In the context of swimming pool accidents, punitive damages may be awarded if a property owner, pool operator, or other responsible party acted with extreme indifference to the safety of others. For example, parties may face punitive liability if they:

  • Knowingly ignored known safety violations or code infractions, such as failing to repair a broken pool gate or ignoring health department citations.
  • Failed to provide basic protective safeguards, such as secure fencing, self-latching gates, or pool covers in areas where children are present.
  • Removed or disabled safety features, such as drain covers, depth markers, or warning signs.
  • Operated a pool without trained lifeguards when required by law or knowingly hired unqualified staff.
  • Used faulty or unapproved electrical or chemical systems, creating a foreseeable risk of electrocution or toxic exposure.

Punitive damages are not awarded in every case, but when justified, they send a powerful message: cutting corners on safety — especially where children or the public are concerned — will not be tolerated.

Personal Injury Team

How an Experienced Swimming Pool Accident Attorney Can Help

Handling a swimming pool accident claim requires thorough investigation, strategic legal knowledge, and a willingness to take the case to trial, if necessary. At Varghese Summersett, our experienced swimming pool accident lawyers build strong cases by:

  • Gathering evidence, including surveillance footage and witness statements
  • Consulting pool safety experts, engineers, or medical professionals
  • Calculating full damages, including long-term care costs
  • Negotiating with insurance companies that aim to minimize payouts
  • Taking your case to trial, if necessary, to achieve justice and fair compensation

We’ve handled complex premises liability and wrongful death claims across Texas and understand how to maximize compensation in pool injury cases.

Speak to a Swimming Pool Accident Lawyer Today

If you or your loved one was harmed or died in a swimming pool accident in Texas, don’t wait. These cases often involve critical evidence that can disappear quickly — like security footage or maintenance logs. Contact a swimming pool accident lawyer at Varghese Summersett for a free, no-obligation consultation. We don’t charge any fees unless we win your case.

Call us today at (817) 203-2220 or reach out online to speak directly with a seasoned Texas personal injury attorney. We’re here to provide answers, ease your burden, and help you move forward with the compensation you deserve. Don’t settle for less.

Hire our personal injury attorneys who do not settle for less.

Varghese Summersett

After an accident, it’s natural to want answers — especially when it comes to how much your case might be worth. That’s why online pain and suffering calculators are so popular. They offer quick estimates based on your medical bills, lost wages, and the severity of your injuries.

These tools can seem helpful in a moment of uncertainty. But relying on them can be misleading, and in many cases, downright harmful to your claim.

At Varghese Summersett, our experienced Texas personal injury attorneys take a personalized, strategic approach to every case. Below, we explain how pain and suffering is evaluated and why real legal guidance — not an online pain and suffering calculator  — is essential to truly understanding your case’s value.

What is Pain and Suffering

What is Pain and Suffering?

Pain and suffering refer to the physical discomfort and emotional distress a person endures as a result of an injury. Unlike economic damages, such as hospital bills or property repair costs, pain and suffering are intangible losses. They are subjective and vary greatly from person to person.

In Texas, pain and suffering damages are recognized under the umbrella of non-economic damages. According to Texas Civil Practice and Remedies Code § 41.001, non-economic damages include “physical pain and suffering, mental or emotional pain or anguish, loss of consortium, disfigurement, physical impairment, loss of companionship and society, inconvenience, loss of enjoyment of life, and injury to reputation.”

Examples of pain and suffering could include chronic back pain from a car accident; anxiety or depression following a dog attack; PTSD after a serious motorcycle collision; and disfigurement or scarring resulting from a burn injury. We expand on the types of pain and suffering below.

Types of Pain and Sufffering

Types of Pain and Suffering in Texas

Pain and suffering damages in Texas are divided into two primary categories: physical and mental. Fully understanding these types helps ensure that every aspect of your suffering is properly valued and compensated.

Physical Pain and Suffering

Physical pain and suffering refer to the direct bodily injuries and the ongoing discomfort caused by the accident. Common examples include:

  • Immediate Pain from Broken Bones: The sudden, sharp pain of fractures can be debilitating, often requiring extensive treatment and long-term care.
  • Lingering Migraines After a Head Injury: Traumatic brain injuries can trigger severe, persistent headaches that interfere with concentration, work, and daily activities.
  • Surgical Pain and Recovery Discomfort: Post-operative pain from surgeries such as spinal fusion, joint repair, or internal injuries can linger for months, affecting mobility and quality of life.
  • Chronic Conditions Caused by Injury: Serious accidents can lead to permanent health problems like arthritis, nerve damage, or degenerative disc disease, which cause daily suffering and limit physical capabilities.

Physical pain is not just temporary. It often reshapes how victims live their lives, affecting everything from mobility to employment to relationships.

Mental Pain and Suffering

Mental pain and suffering focus on the emotional and psychological injuries stemming from the accident. These are just as real — and just as compensable — under Texas law:

  • Emotional Distress: Victims often experience overwhelming fear, shame, anger, or grief, sometimes requiring therapy to manage the emotional aftermath.
  • Anxiety: Persistent worry about safety, finances, or future health can dominate a victim’s life, preventing them from returning to normal routines.
  • Depression: A profound sense of sadness, hopelessness, and disconnection from loved ones is common after serious accidents, often requiring medication or counseling.
  • Insomnia: Sleepless nights caused by physical pain, nightmares, or emotional trauma can further damage physical health and mental well-being.
  • Loss of Enjoyment of Life: When injuries prevent someone from engaging in hobbies, sports, social outings, or family activities, they suffer a significant, irreplaceable loss.

The emotional wounds left by an accident are often hidden but no less devastating than physical injuries. Proper compensation must recognize both.

Special Cases: Disfigurement and Physical Impairment

In addition to general pain and suffering, Texas law provides specific compensation for disfigurement and physical impairment:

  • Disfigurement: Permanent physical changes such as facial scars, burn marks, or amputation dramatically alter a person’s appearance. These injuries often result in emotional trauma, impacting social life, self-esteem, and employment opportunities.
  • Physical Impairment: This refers to lasting limitations in physical ability. For example, a spinal injury that forces someone to use a cane or wheelchair restricts mobility and independence, impacting every aspect of life even if the individual experiences minimal ongoing pain.

These special categories ensure that victims are fully compensated not only for what they feel but also for how their lives have been permanently changed.

Methods for Calculating Pain & Suffering

Methods for Calculating Pain and Suffering

Before we break down how pain and suffering is calculated, it’s important to understand this: no online pain and suffering calculator or formula can truly capture the personal, unique impact of your injuries. These methods are commonly referenced in legal discussions and insurance negotiations, but they are starting points — not definitive answers.

Online pain and suffering calculators often give accident victims false hope or unrealistic expectations. They oversimplify the process, ignore individual nuances, and fail to consider factors that truly influence compensation — like credibility, ongoing treatment, and future impact.

Unlike medical bills, there is no straightforward receipt that states the “price” of your pain and suffering. However, courts and insurance companies generally use two primary methods to calculate these damages. Here’s an overview below.

1. The Multiplier Method

This is the most common method. Here’s how it works:

  • Add up all your economic damages (medical bills, lost wages, etc.).
  • Multiply that total by a number between 1.5 and 5, depending on the severity of your injuries. The lower the number, the less severe the injuries. Keep in mind factors that influence the pain and suffering calculator include the severity of the injury, length of recovery, impact on daily life, degree of emotional distress, and whether permanent disability or scarring is involved.

Example:
Medical bills and lost wages = $50,000
Multiplier = 3 (for severe injuries)
Pain and suffering award = $150,000

Again, this method is just a framework. Insurance companies often apply low multipliers to minimize payouts — and even attorneys must adjust based on the specific details of your case.

2. The Per Diem Method

“Per diem” means “per day.” In this method, a daily dollar amount is assigned to your pain and suffering, and it’s multiplied by the number of days you have suffered or are expected to suffer.

Example: $200 per day x 365 days = $73,000

Assigning a reasonable per diem rate often involves considering your daily salary, daily inconvenience, or severity of pain. While more personalized than the multiplier method, this approach still requires interpretation and justification — especially when facing skeptical insurance adjusters or juries.

The Problem with Pain and Suffering Calculators

While it may feel satisfying to plug in a few numbers and get a dollar amount, pain and suffering calculators often oversimplify a highly complex process. Here’s why they don’t give you the full picture:

  • They use generic formulas. Real personal injury cases involve dozens of unique factors — not just bills and wages.
  • They ignore case-specific issues. Liability disputes, pre-existing conditions, and long-term impact on your life all dramatically affect compensation.
  • They don’t factor in negotiation. The skill and experience of your attorney, the attitude of the insurance company, and local jury verdicts matter far more than a calculator ever could.
  • They aren’t recognized in court. No judge or jury uses these tools. Your legal team builds a case based on evidence, expert testimony, and real-world damages.

Real Compensation Requires Real Analysis

Pain and suffering damage fall under non-economic damages — and calculating them isn’t as simple as using a multiplier. In Texas, courts consider:

  • The severity and duration of your physical injuries
  • Your emotional and mental distress
  • How your life, relationships, and career have been affected
  • Whether you’ve suffered permanent disfigurement or disability
  • The credibility of your medical documentation and testimony

Each of these elements requires legal interpretation, documentation, and often, expert insight. No online tool can accurately assess that for you.

Why We Don’t Offer a Pain and Suffering Calculator

We understand why people search for calculators. When you’ve been hurt, you want answers — fast. But the truth is, pain and suffering calculators can’t give you a reliable or realistic case value.

They don’t know your story. They don’t account for your pain, your missed moments, your emotional trauma, or how the injury has changed your life.

That’s why we made the decision not to include a calculator here. Instead, we invite you to contact Varghese Summersett directly at 817-203-2220. Our team will listen to your experience, review your case, and provide the guidance an algorithm never could.

How Insurance Minimize Pain & Suffering

How Insurance Companies Minimize Pain and Suffering Claims

Insurance companies are in the business of protecting their profits — not necessarily of providing fair compensation. That’s why they often work quickly to downplay or dispute pain and suffering claims. Some of their most common tactics include:

  • Blaming Pre-Existing Conditions: Insurers may argue that your pain stems from an old injury or pre-existing condition rather than the accident. This tactic is used to diminish the connection between the incident and your current suffering.
  • Minimizing the Severity of Your Pain: Adjusters often question whether you’re truly experiencing the level of discomfort you claim. They may point to gaps in treatment, lack of consistent medical records, or a return to work as evidence that your injuries are minor.
  • Disputing Emotional and Mental Distress: Pain and suffering isn’t just physical — it includes emotional trauma as well. Insurers often try to invalidate or undervalue emotional anguish by labeling it as subjective or exaggerated.
  • Using Unreasonably Low Multipliers: In calculating damages, insurers often apply unfairly low multiplier values — especially in soft tissue injury cases — to reduce your overall compensation offer.

At Varghese Summersett, we know these strategies inside and out — and we don’t let insurance companies get away with them. Our legal team pushes back against bad faith tactics and fights for the full and fair compensation our clients deserve.

Personal Injury Team

How Varghese Summersett Maximizes Your Compensation

When you work with Varghese Summersett, you gain a team that meticulously documents your physical and emotional hardships, consults with medical experts, and develops a compelling narrative to present to insurance companies, judges, or juries. We work tirelessly to ensure you receive full and fair compensation for:

  • Pain and suffering
  • Medical expenses
  • Lost income
  • Future treatment costs
  • Permanent disabilities

Most importantly, we don’t rely on cookie-cutter formulas. We build each case from the ground up — because every client’s story, recovery, and suffering is different.

If you’ve been injured due to someone else’s negligence, don’t leave money on the table. Pain and suffering damages are real — and you deserve to be compensated for all you have endured. Forget the calculator. Call the team who will fight to make sure your story is heard — and valued. Contact Varghese Summersett today at 817-203-2220 or reach out through our online form. Our team of experienced Texas personal injury attorneys will evaluate your case, explain your rights, and fight relentlessly for the compensation you deserve.

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