Overall Vote Recommendation

Vote Yes; Amend

Principle Criteria

Free Enterprise

Property Rights

Personal Responsibility

Limited Government

Individual Liberty

Digest

HB 2355 seeks to amend Article 56B.058(b) of the Texas Code of Criminal Procedure to further protect the confidentiality of crime victims who apply for compensation through the state’s Crime Victims' Compensation Fund. Under current law, these applications and related information are already generally exempt from public disclosure. The bill reinforces this confidentiality by making it clear that any information, documents, or reports submitted to or created by the Office of the Attorney General in connection with such applications are not subject to disclosure under the Texas Public Information Act (Chapter 552, Government Code), and are also protected from release through legal mechanisms such as subpoenas or discovery, except as otherwise allowed by law.

The proposed legislation specifically maintains two carve-outs to this broad nondisclosure policy. First, information can still be disclosed under Section 552.132(c) of the Government Code, which permits certain disclosures of crime victim information under specific circumstances. Second, the bill preserves any disclosures authorized by a newly referenced Subsection (c), ensuring that statutory exceptions already in place are not overridden.

This measure is intended to provide stronger privacy protections for individuals navigating the trauma of violent crime, ensuring their personal and sensitive information is safeguarded during the compensation process. However, the bill also raises important questions about government transparency and access to public records, as it potentially limits oversight of how the Office of the Attorney General handles claims and administers the fund. By tightening access to such information, the bill prioritizes victim confidentiality.

The originally filed version of HB 2355 focused solely on amending Article 56B.054(f) of the Texas Code of Criminal Procedure to establish a clear obligation for law enforcement agencies to release certain investigative materials to the Office of the Attorney General upon request. Specifically, it required agencies to provide reports, including witness statements and criminal history information, within 14 business days to support the Attorney General’s determination of whether a claimant or victim qualifies for crime victim compensation. It also clarified that this information is not subject to release under the Texas Public Information Act (Government Code Chapter 552).

In contrast, the Committee Substitute shifts the focus away from obligating law enforcement agencies to provide records. Instead, it amends Article 56B.058(b) to reaffirm and expand the confidentiality protections surrounding crime victim compensation applications and related records once in possession of the Attorney General. This version declares that applications, supporting documents, and other related records are not subject to disclosure or compelled release through legal means—again, with exceptions noted in Section 552.132(c) of the Government Code and a newly referenced Subsection (c).

In essence, the original version is centered on the information-gathering responsibilities of law enforcement in support of the victim compensation process, while the substitute version pivots to enhancing protections for the information once it reaches the Attorney General’s office. The substitute bill also integrates broader statutory cross-references to codify exceptions to the new confidentiality rule, showing a more refined legislative intent to balance privacy with limited legal access.

Author (1)

Caroline Fairly

Sponsor (1)

Tan Parker

Co-Sponsor (1)

Royce West

Contact the Author

Rep. Caroline Fairly

Capitol Phone:

(512) 463-0470

Capitol Office:

EXT E2.816

E-Mail:

[email protected]

Visit Official Website

Fiscal Notes

According to the Legislative Budget Board (LBB), HB 2355 is not expected to have a significant fiscal impact on the state. The analysis assumes that any administrative or operational costs resulting from implementing the bill’s provisions, mainly related to managing the confidentiality of information in crime victim compensation applications, could be handled within the existing budget and staffing levels of the Office of the Attorney General (OAG).

This finding reflects the relatively limited scope of the bill in terms of administrative burden. Rather than creating new programs or requiring extensive data infrastructure, the bill primarily codifies and reinforces confidentiality practices for records already handled by the OAG. Thus, any additional compliance or record-handling procedures are likely incremental and manageable within current operational frameworks.

Similarly, there is no anticipated fiscal impact on local governments. The substitute version of the bill does not impose new responsibilities or reporting mandates on local law enforcement or municipal entities. Unlike the originally filed bill, which mandated the timely release of investigative records by law enforcement agencies, the substitute version focuses on internal handling of documents within the state attorney general’s office, minimizing local administrative effects.

In summary, HB 2355 is designed with administrative simplicity in mind and, as such, carries negligible fiscal implications for both state and local government operations.

Vote Recommendation Notes

HB 2355 seeks to enhance privacy protections for victims of crime who apply for financial assistance through the state’s Crime Victims’ Compensation Fund. The bill ensures that sensitive records, such as police reports and witness statements, provided to the Office of the Attorney General (OAG) as part of the application process remain confidential. Currently, once these documents are in the OAG’s possession, they may be subject to public disclosure under open records laws. This bill closes that loophole by exempting them from release, even under legal tools like subpoenas or discovery, unless otherwise allowed by law.

The bill aligns with the principle of individual liberty by protecting personal and sensitive victim information. It also avoids expanding government operations or imposing new costs on taxpayers, as the Legislative Budget Board found no significant fiscal impact and indicated that implementation can be managed with existing resources. Additionally, the bill imposes no new regulatory burden on individuals or businesses.

However, concerns arise under the principle of limited government. The bill may unintentionally restrict access to information in situations where legal or judicial review is appropriate, which could hinder transparency or due process. To address this, the bill should be amended to allow for narrowly defined exceptions that ensure legitimate legal access, such as through protective court orders or in oversight scenarios.

Texas Policy Research recommends that lawmakers vote YES on HB 2355 while also strongly encouraging them to consider amendments to clarify and narrow the confidentiality scope to maintain accountability and legal fairness. This approach balances the need for privacy with the values of limited and transparent government.

Individual Liberty: The bill clearly supports individual liberty by protecting the sensitive personal information of crime victims. When victims apply for compensation, they are often required to disclose highly personal details, including medical and psychological records, and information about the crime itself. Ensuring that these records remain confidential, even after being shared with the Office of the Attorney General, empowers victims to seek help without fear of public exposure or retraumatization. This protection of privacy enhances a victim’s freedom to access justice and recovery resources safely and with dignity.
Personal Responsibility: The bill does not directly impact personal responsibility. It focuses on agency procedure and victim confidentiality rather than individual behavior or obligations.
Free Enterprise: There is no impact on business activity, competition, or the private sector. The bill strictly addresses how state government manages internal records related to public assistance programs.
Private Property Rights: The bill does not involve land use, ownership rights, or takings, and therefore has no measurable impact on private property rights.
Limited Government: While the bill limits public access to certain records, which helps protect privacy, it also raises limited government concerns. By broadly shielding these documents from legal discovery or subpoena, the bill could unintentionally reduce transparency and restrict judicial oversight. Without carefully defined exceptions, the bill might insulate the OAG from accountability, especially in cases where evidence might be needed in court or by oversight bodies. An amendment to include narrow exceptions would better align the bill with the principle that government power should be limited and subject to checks and balances.

Related Legislation

SB 1910 (Same As)

View Bill Text and Status