HB2355

Regular Session

Relating to the disclosure or release of certain information received by the attorney general regarding an application for compensation from the crime victims' compensation fund.

LowStandard timeline

Low Cost

Effective:2025-09-01

Enforcing Agencies

Office of the Attorney General

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: September 1, 2025
Compliance Deadline: Immediate Action Required. While the law takes effect in September, you must file any necessary subpoenas for CVC records *now* to ensure processing before the statutory shield is raised.
Agency Rulemaking: No formal rulemaking is mandated, but the OAG will immediately update internal Public Information Act (PIA) handling procedures to automatically reject these requests post-enactment.

Immediate Action Plan

1. Audit Active Litigation: Identify all open cases involving criminal acts where a plaintiff may have applied for CVC funds.
2. File Subpoenas Immediately: If you need the OAG file for an active case, serve the subpoena immediately. Do not wait until August.
3. Update Settlement Templates: Add mandatory disclosure clauses regarding state compensation funds to all relevant release agreements.
4. Revise PIA Workflows: Remove "Crime Victims Compensation Applications" from your automated or standard background check public information requests.

Operational Changes Required

Contracts

Settlement Agreements: You must amend settlement templates for cases involving criminal acts (e.g., negligent security, workplace violence). Since you can no longer verify CVC payments through the OAG, insert clauses requiring the claimant to provide a full accounting of state compensation received to calculate offsets or subrogation correctly.

Hiring/Training

Legal & Compliance Staff: Train in-house counsel and claims adjusters to stop issuing subpoenas to the OAG for CVC files after September 1, 2025. These will be rejected, wasting time and filing fees.
Investigation Protocols: Instruct Special Investigation Units (SIUs) to redirect efforts. If a local police department is withholding a report during an active investigation, you can no longer attempt to obtain that report via the OAG CVC file.

Reporting & Record-Keeping

Discovery Checklists: Update standard discovery requests (Requests for Production) to demand CVC records directly from the plaintiff/claimant, citing Texas Government Code Section 552.132(c) which allows the victim to access their own records.
Privilege Logs: If you currently possess OAG CVC files from prior cases, flag them as highly sensitive. The statutory hardening of these records implies a higher standard of care for their protection.

Fees & Costs

Litigation Costs: Anticipate a slight increase in discovery costs. Verifying victim statements regarding injuries or crime details—previously done via a cheap open records request to the OAG—may now require more expensive depositions or contested third-party subpoenas to medical providers.

Strategic Ambiguities & Considerations

"Summary or Other Record": The statute protects any "summary or other record... created by the attorney general." This language is broad. We anticipate the OAG will interpret this to include internal adjudication notes and worksheets. Do not expect to receive *any* work product related to a claim, even if redacted.
Pending Requests: The law does not explicitly address requests pending on September 1, 2025. Based on standard OAG practice, we expect any request not *fulfilled* by the effective date will be denied under the new law.

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Legislative Timeline

This bill's path through the Texas Legislature

TopicsCrime Victims Compensation Law Enforcement Crime Victims Attorney General

Official Analysis

View HRO Analysis View All Bill Documents

BILL ANALYSIS

C.S.H.B. 2355

By: Fairly

Criminal Jurisprudence

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Currently, the Crime Victims' Compensation Program under the Office of the Attorney General (OAG) helps victims and their families by providing compensation for costs such as medical bills, counseling, lost wages, and more to aid in their recovery. The OAG determines the exact amount of compensation to provide by accessing law enforcement reports, witness statements, and criminal history records of those involved. However, the bill author has informed the committee that although these records are generally considered privileged and withheld from the public, the reports become subject to disclosure requirements under state public information law once the OAG pulls the report. C.S.H.B. 2355 seeks to address this issue and protect not only the privacy of victims, but their entire investigation and case, by exempting such information received by the OAG from disclosure under state public information law or other means of legal compulsion for release.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 2355 amends the Code of Criminal Procedure to exempt a report released to the attorney general by a law enforcement agency relating to a crime victim's compensation application for the purpose of the attorney general determining award qualifications from the following:

·disclosure under state public information law, except if the applicable compensation is awarded for a pecuniary loss or health care services; and

·disclosure, discovery, subpoena, or other means of legal compulsion for release, except as provided by the existing exceptions to the prohibition against the attorney general releasing or disclosing certain records under statutory provisions relating to crime victims' compensation.

EFFECTIVE DATE

September 1, 2025.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 2355 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

Both the introduced and the substitute exempt information the attorney general receives from a law enforcement agency regarding reports relating to a crime victim's compensation application for the purpose of the attorney general determining award qualifications from disclosure under state public information law. However, the substitute provides for the exemption by including those reports in the provision establishing that any information, document, summary, or other record provided to or received, maintained, or created by the attorney general for purposes of crime victims' compensation is exempt from disclosure under state public information law and from disclosure, discovery, subpoena, or other means of legal compulsion for release, subject to certain exceptions.

House Authors

Rep. Caroline FairlyRepublican · Primary Author

Senate Sponsors

Sen. Tan ParkerRepublican · Primary Sponsor

Cosponsors (1)

Royce West (D)

Bill Text(with markup)

H.B. No. 2355

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to the disclosure or release of certain information
	received by the attorney general regarding an application for
	compensation from the crime victims' compensation fund.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Article 56B.058(b), Code of Criminal Procedure,
	is amended to read as follows:
	(b) An application for compensation under this chapter and
	any information, document, summary, or other record provided to or
	received, maintained, or created by the attorney general under this
	chapter, including a report released to the attorney general under
	Article 56B.054(f), is:
	(1) except as provided by Section 552.132(c),
	Government Code, not subject to disclosure under Chapter 552 of
	that code; and
	(2) except as provided by Subsection (c), not subject
	to disclosure, discovery, subpoena, or other means of legal
	compulsion for release.
	SECTION 2. This Act takes effect September 1, 2025.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


March 31, 2025

TO:	Honorable John T. Smithee, Chair, House Committee on Criminal Jurisprudence

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	HB2355 by Fairly (Relating to requests for law enforcement agency reports from the attorney general related to crime victims' compensation applications.), As Introduced

No significant fiscal implication to the State is anticipated.

It is assumed that any costs associated with the bill could be absorbed using existing resources.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies:

302 Office of the Attorney General

LBB Staff:

JMc, MGol, LCO, JKe

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Frequently Asked Questions

Common questions about HB2355

What does Texas HB2355 do?

Effective September 1, 2025, HB 2355 statutorily prohibits the Office of the Attorney General (OAG) from releasing Crime Victims' Compensation (CVC) application records via subpoena, civil discovery, or public information requests. This legislation forces defense counsel, insurers, and investigators to obtain incident reports and medical data directly from primary sources (police, providers, or plaintiffs), effectively closing the "backdoor" discovery channel through the OAG. Implementation Timeline Effective Date: September 1, 2025 Compliance Deadline: Immediate Action Required.

Who authored HB2355?

HB2355 was authored by Texas Representative Caroline Fairly during the Regular Session.

When was HB2355 signed into law?

HB2355 was signed into law by Governor Greg Abbott on June 20, 2025.

Which agencies enforce HB2355?

HB2355 is enforced by Office of the Attorney General.

How urgent is compliance with HB2355?

The compliance urgency for HB2355 is rated as "low". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of HB2355?

The cost impact of HB2355 is estimated as "low". This may vary based on industry and implementation requirements.

What topics does HB2355 address?

HB2355 addresses topics including crime victims compensation, law enforcement, crime victims and attorney general.

Legislative data provided by LegiScanLast updated: November 25, 2025

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