A promise not to disclose a former employer's confidential business information and trade secrets is not a covenant not to compete.  This means that the requirements applicable to Texas non-competes do not to apply. 

Under Texas law, a non-disclosure agreement is enforceable even if it's coupled with an unenforceable non compete agreement or invalid non-solicitation provision.  Even if an individual does not sign a non-disclosure agreement, Texas employees are under a common law duty not to disclose an employer's confidential business information or trade secrets. 

In lawsuits arising from an alleged breach of a non-disclosure agreement, an individual may challenge whether the information sought to be protected by the former employer is actually confidential or a trade secret.

For information on Texas covenants not to compete, please click here.