SB1372

Regular Session

Relating to access to the crime laboratory portal.

LowStandard timeline

Low Cost

Effective:2025-09-01

Enforcing Agencies

Texas Department of Public Safety (DPS) • State Prosecutors (District and County Attorneys)

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: September 1, 2025.
Compliance Deadline: September 1, 2025. (Applies to cases commencing on or after this date; legacy cases remain under former law).
Agency Rulemaking: No statutory deadline for rulemaking is set, but DPS must update portal interface protocols prior to September 1. Watch for administrative guidance regarding *pro se* (self-represented) defendants, who are technically excluded by the new text.

Immediate Action Plan

1. Audit Credentials: Ensure all lead attorneys have active, verified DPS Crime Lab Portal accounts by August 1, 2025.
2. Update Client Intake: Remove any "Client Portal Access" forms related to DPS labs from your intake packets for cases filed after September 1.
3. Secure Transfer Setup: Establish a secure, encrypted method (e.g., ShareFile, secure client portal) to transmit downloaded lab results to clients.
4. Monitor DPS Guidance: Assign a compliance officer to watch for DPS announcements regarding *pro se* access protocols, as this may impact how you handle withdrawal from cases.

Operational Changes Required

Contracts

Retainer Agreements: Update engagement letters to explicitly state that the Firm is the sole authorized custodian for Crime Lab Portal access.
Withdrawal Protocols: Revise off-boarding procedures. Upon termination of representation, you must formally revoke your portal designation for that specific case to allow successor counsel to register. You cannot simply transfer login credentials to the client.

Hiring/Training

Staff Delegation: Train paralegals and support staff that portal access cannot be delegated to clients. Any "self-service" discovery workflows involving the portal must be terminated for new cases.
Security Protocols: As the sole gatekeeper, the attorney's login credentials are now a higher-value target. Enforce multi-factor authentication and strict access logs for staff using attorney credentials.

Reporting & Record-Keeping

Digital Chain of Custody: Implement a logging system to prove that lab reports downloaded from the portal were delivered to the client. Since the client cannot verify the portal contents themselves, your transmission log is your only defense against claims of failure to communicate discovery.
Legacy Case Segregation: Maintain a clear distinction in your case management system between pre-Sept 1, 2025 cases (where clients may still have access) and post-Sept 1, 2025 cases (where they do not).

Fees & Costs

Administrative Overhead: No statutory fee changes. However, firms should budget for increased administrative time required to download and securely transmit large forensic files that clients previously accessed independently.

Strategic Ambiguities & Considerations

The "Pro Se" Gap: The bill removes the text allowing the state to designate "the defendant." It is currently unclear how a self-represented defendant will access constitutionally mandated discovery. Expect DPS or the courts to issue emergency rules or standing orders to address this gap.
Definition of "Commencement": The law applies to proceedings "commencing" on or after the effective date. In complex cases involving re-indictments or refilings, disputes may arise regarding which version of the law applies. Treat any re-indictment after September 1, 2025, as requiring compliance with the new statute.

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Legislative Timeline

This bill's path through the Texas Legislature

TopicsCriminal Procedure Criminal Procedure--general Criminal Procedure--defense Counsel Electronic Information Systems

Official Analysis

View HRO Analysis View All Bill Documents

BILL ANALYSIS

Senate Research Center	S.B. 1372
89R14039 AJZ-D	By: Hinojosa, Juan "Chuy"
	Criminal Justice
	4/3/2025
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Following the passage of S.B. 991, the Texas Department of Public Safety was charged with establishing a central laboratory portal to process requests for records and transmit them among the appropriate parties, like labs, prosecutors, and defense attorneys.

However, there is a current legal conflict in statute. Under Section 411.164 of the Government Code (which creates the portal), a defendant or their attorney is permitted to access and use the portal. Meanwhile, in Article 39.14 (Discovery), Code of Criminal Procedure, a pro se defendant may only inspect and review materials when ordered by the court but is not entitled to electronic duplication. This discrepancy has caused confusion regarding proper access protocols.

S.B. 1372 resolves this statutory inconsistency by allowing the defendant's attorney to access the crime laboratory portal to request any crime laboratory records and aligns this section with the obligations and intent of Article 39.14.

As proposed, S.B. 1372 amends current law relating to access to the crime laboratory portal.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 411.164, Government Code, as follows:

Sec. 411.164. DEFENSE COUNSEL ACCESS TO CRIME LABORATORY PORTAL. Requires the attorney representing the state in a criminal action, in accordance with Department of Public Safety of the State of Texas rule, to designate the defendant's attorney, rather than the defendant or the defendant's attorney as appropriate, as an individual who is authorized to access and use the crime laboratory portal under Section 411.162 (Crime Laboratory Portal) to request any crime laboratory records that are subject to discovery under Article 39.14 (Discovery), Code of Criminal Procedure.

SECTION 2. Make application of this Act prospective.

SECTION 3. Effective date: September 1, 2025.

Senate Authors

Sen. Juan HinojosaDemocrat · Primary Author

House Sponsor

Rep. AJ LouderbackRepublican · Primary Sponsor

Bill Text(with markup)

S.B. No. 1372

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to access to the crime laboratory portal.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 411.164, Government Code, is amended to
	read as follows:
	Sec. 411.164. DEFENSE COUNSEL ACCESS TO CRIME LABORATORY
	PORTAL. In accordance with department rule, the attorney
	representing the state in a criminal action shall designate [~~the~~
	~~defendant or~~] the defendant's attorney[~~, as appropriate,~~] as an
	individual who is authorized to access and use the crime laboratory
	portal under Section 411.162 to request any crime laboratory
	records that are subject to discovery under Article 39.14, Code of
	Criminal Procedure.
	SECTION 2. The change in law made by this Act applies only
	to a criminal proceeding that commences on or after the effective
	date of this Act. A criminal proceeding that commences before the
	effective date of this Act is governed by the law in effect on the
	date the proceeding commenced, and the former law is continued in
	effect for that purpose.
	SECTION 3. This Act takes effect September 1, 2025.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


April 7, 2025

TO:	Honorable Pete Flores, Chair, Senate Committee on Criminal Justice

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	SB1372 by Hinojosa, Juan "Chuy" (Relating to access to the crime laboratory portal.), 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:

212 Office of Court Administration, Texas Judicial Council

LBB Staff:

JMc, MGol, JPa

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Frequently Asked Questions

Common questions about SB1372

What does Texas SB1372 do?

SB1372 amends the Texas Government Code to restrict access to the DPS Crime Laboratory Portal exclusively to the defendant's attorney, removing the statutory option for the State to designate the defendant directly. This shifts the entire burden of digital evidence retrieval, custody, and transmission onto defense counsel for all criminal proceedings commencing on or after September 1, 2025. Implementation Timeline Effective Date: September 1, 2025.

Who authored SB1372?

SB1372 was authored by Texas Senator Juan Hinojosa during the Regular Session.

When was SB1372 signed into law?

SB1372 was signed into law by Governor Greg Abbott on June 20, 2025.

Which agencies enforce SB1372?

SB1372 is enforced by Texas Department of Public Safety (DPS) and State Prosecutors (District and County Attorneys).

How urgent is compliance with SB1372?

The compliance urgency for SB1372 is rated as "low". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of SB1372?

The cost impact of SB1372 is estimated as "low". This may vary based on industry and implementation requirements.

What topics does SB1372 address?

SB1372 addresses topics including criminal procedure, criminal procedure--general, criminal procedure--defense counsel and electronic information systems.

Legislative data provided by LegiScanLast updated: November 25, 2025

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