Does the Texas trade secret statute wipe out our confidentiality clause, or does the NDA still do work?
The NDA still does work: that is the express carve-out. The chapter displaces conflicting tort, restitutionary, and other law of this state providing civil remedies for misappropriation of a trade secret. But it does NOT affect: contractual remedies, whether or not based upon misappropriation of a trade secret; other civil remedies that are not based upon misappropriation of a trade secret; or criminal remedies, whether or not based upon misappropriation. It also does not affect disclosure of public information by a governmental body under Chapter 552, Government Code.
The trap
The displacement provision is why a confidentiality clause is not surplusage next to the statute: TUTSA absorbs the common-law tort claims but leaves the contract claim standing, and a contract claim can reach material that never qualified as a trade secret at all. Note this section was AMENDED in 2025 and its subsection (c) was repealed effective 4 December 2025, so pre-2026 commentary on its scope should be re-checked rather than relied on; the published statute text checked here carries the repeal line but not the repealed text, so what (c) said cannot be read from it.
3 authorities
- statuteTex. Civ. Prac. & Rem. Code § 134A.007enacted 2013-09-01
The words that state the rule
(a) Except as provided by Subsection (b), this chapter displaces conflicting tort, restitutionary, and other law of this state providing civil remedies for misappropriation of a trade secret. (b) This chapter does not affect: (1) contractual remedies, whether or not based upon misappropriation of a trade secret; (2) other civil remedies that are not based upon misappropriation of a trade secret; or (3) criminal remedies, whether or not based upon misappropriation of a trade secret.
- statuteTex. Civ. Prac. & Rem. Code § 134A.007enactment date not established
The words that state the rule
(d) This chapter does not affect the disclosure of public information by a governmental body under Chapter 552 , Government Code.
- statuteTex. Civ. Prac. & Rem. Code § 134A.007enactment date not established
The words that state the rule
(c) Repealed by Acts 2025, 89th Leg., 2nd C.S., Ch. 7 (H.B. 16 ), Sec. 12.10(19), eff. December 4, 2025.