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Signed Into Law
Signed June 20, 2025Effective 2025-09-01
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.

Government Affairs & Regulatory Compliance Analysis

HB2355: Government Affairs Overview

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.

Rep. Caroline Fairly·House Bill·Regular Session

Low
Low Cost
Effective:2025-09-01

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HB2355
Relating to the disclosure or release of certain information received by the attorney general regarding an application for compensation from the crime...
Low Urgency
Unanimous Passage
House Vote128 - 0
YEA
100% in favor128 voting
Senate Vote31 - 0
YEA
100% in favor31 voting
Cost Impact
Low
Effective
2025-09-01
Enforcing Agencies
Office of the Attorney General
Primary Author: Rep. Caroline Fairly
89th Texas Legislature
jdkey.com
01

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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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

02

Legislative Timeline

This bill's path through the Texas Legislature

Filed
Feb 3, 2025
Passed House
Apr 25, 2025
Passed Senate
May 23, 2025
Signed
Jun 20, 2025
Effective
Sep 1, 2025
TopicsCrime Victims CompensationLaw EnforcementCrime VictimsAttorney General
03

House Authors

Rep. Caroline FairlyRepublican · Primary Author

Senate Sponsors

Sen. Tan ParkerRepublican · Primary Sponsor
Cosponsors (1)

Bill Text(with markup)

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

Related Legislation

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More from Rep. Caroline Fairly

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Related by Topic

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Quick Reference

Frequently Asked Questions

Common questions about HB2355

Q

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.

Q

Who authored HB2355?

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

Q

When was HB2355 signed into law?

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

Q

Which agencies enforce HB2355?

HB2355 is enforced by Office of the Attorney General.

Q

How significant are the changes in HB2355?

The regulatory priority for HB2355 is rated as "low". Businesses and organizations should review the legislation to understand potential impacts.

Q

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.

Q

What topics does HB2355 address?

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

Q

What are the key dates for HB2355?

Key dates for HB2355: Effective date is 2025-09-01. Consult with legal counsel regarding applicability.

Need Strategic Guidance on This Legislation?

JD Key Consulting is an Austin, Texas-based government affairs firm led by James Dickey, former Chairman of the Republican Party of Texas. We specialize in Texas regulatory compliance and legislative strategy for data centers, energy, banking, and manufacturing.

Legislative data provided by LegiScanLast updated: January 11, 2026