Code of Criminal Procedure Chapter 56 - Houston Criminal Lawyer - John T. Floyd Law Firm - Houston,Texas

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CODE OF CRIMINAL PROCEDURE CHAPTER 56.

RIGHTS OF CRIME VICTIMS

SUBCHAPTER A. CRIME VICTIMS RIGHTS

Art. 56.01. Definitions

In this chapter:

(1) "Close relative of a deceased victim" means a person who was the
spouse of a deceased victim at the time of the victim's death or who
is a parent or adult brother, sister, or child of the deceased
victim.

(2) "Guardian of a victim" means a person who is the legal guardian
of the victim, whether or not the legal relationship between the
guardian and victim exists because of the age of the victim or the
physical or mental incompetency of the victim.

(3) "Victim" means a person who is the victim of sexual assault,
kidnapping, or aggravated robbery or who has suffered bodily injury
or death as a result of the criminal conduct of another.

Added by Acts 1985, 69th Leg., ch. 588, Sec. 1, eff. Sept. 1, 1985.

Art. 56.02. Crime victims' rights

(a) A victim, guardian of a victim, or close relative of a deceased
victim is entitled to the following rights within the criminal
justice system:

(1) the right to receive from law enforcement agencies adequate
protection from harm and threats of harm arising from cooperation
with prosecution efforts;

(2) the right to have the magistrate take the safety of the victim
or his family into consideration as an element in fixing the amount
of bail for the accused;

(3) the right, if requested, to be informed:

(A) by the attorney representing the state of relevant court
proceedings, including appellate proceedings, and to be informed if
those proceedings have been canceled or rescheduled prior to the
event; and

(B) by an appellate court of decisions of the court, after the
decisions are entered but before the decisions are made public;

(4) the right to be informed, when requested, by a peace officer
concerning the defendant's right to bail and the procedures in
criminal investigations and by the district attorney's office
concerning the general procedures in the criminal justice system,
including general procedures in guilty plea negotiations and
arrangements, restitution, and the appeals and parole process;

(5) the right to provide pertinent information to a probation
department conducting a presentencing investigation concerning the
impact of the offense on the victim and his family by testimony,
written statement, or any other manner prior to any sentencing of
the offender;

(6) the right to receive information regarding compensation to
victims of crime as provided by Subchapter B, including information
related to the costs that may be compensated under that subchapter
and the amount of compensation, eligibility for compensation, and
procedures for application for compensation under that subchapter,
the payment for a medical examination under Article 56.06 for a
victim of a sexual assault, and when requested, to referral to
available social service agencies that may offer additional
assistance;

(7) the right to be informed, upon request, of parole procedures, to
participate in the parole process, to be notified, if requested, of
parole proceedings concerning a defendant in the victim's case, to
provide to the Board of Pardons and Paroles for inclusion in the
defendant's file information to be considered by the board prior to
the parole of any defendant convicted of any crime subject to this
subchapter, and to be notified, if requested, of the defendant's
release;

(8) the right to be provided with a waiting area, separate or secure
from other witnesses, including the offender and relatives of the
offender, before testifying in any proceeding concerning the
offender; if a separate waiting area is not available, other
safeguards should be taken to minimize the victim's contact with
the offender and the offender's relatives and witnesses, before and
during court proceedings;

(9) the right to prompt return of any property of the victim that is
held by a law enforcement agency or the attorney for the state as
evidence when the property is no longer required for that purpose;

(10) the right to have the attorney for the state notify the
employer of the victim, if requested, of the necessity of the
victim's cooperation and testimony in a proceeding that may
necessitate the absence of the victim from work for good cause;

(11) the right to counseling, on request, regarding acquired immune
deficiency syndrome (AIDS) and human immunodeficiency virus (HIV)
infection and testing for acquired immune deficiency syndrome
(AIDS), human immunodeficiency virus (HIV) infection, antibodies
to HIV, or infection with any other probable causative agent of
AIDS, if the offense is an offense under Section 21.11(a)(1),
22.011, or 22.021, Penal Code;

(12) the right to request victim-offender mediation coordinated by
the victim services division of the Texas Department of Criminal
Justice; and

(13) the right to be informed of the uses of a victim impact
statement and the statement's purpose in the criminal justice
system, to complete the victim impact statement, and to have the
victim impact statement considered:

(A) by the attorney representing the state and the judge before
sentencing or before a plea bargain agreement is accepted; and

(B) by the Board of Pardons and Paroles before an inmate is released
on parole.

(b) A victim, guardian of a victim, or close relative of a deceased
victim is entitled to the right to be present at all public court
proceedings related to the offense, subject to the approval of the
judge in the case.

(c) The office of the attorney representing the state, and the
sheriff, police, and other law enforcement agencies shall ensure to
the extent practicable that a victim, guardian of a victim, or close
relative of a deceased victim is afforded the rights granted by
Subsection (a) of this article and, on request, an explanation of
those rights.

(d) A judge, attorney for the state, peace officer, or law
enforcement agency is not liable for a failure or inability to
provide a right enumerated in this article. The failure or
inability of any person to provide a right or service enumerated in
this article may not be used by a defendant in a criminal case as a
ground for appeal, a ground to set aside the conviction or sentence,
or a ground in a habeas corpus petition. A victim, guardian of a
victim, or close relative of a deceased victim does not have
standing to participate as a party in a criminal proceeding or to
contest the disposition of any charge.

Added by Acts 1985, 69th Leg., ch. 588, Sec. 1, eff. Sept. 1, 1985.
Subsec. (a) amended by Acts 1987, 70th Leg., ch. 433, Sec. 1, eff.
Aug. 31, 1987; Subsecs. (a), (c) amended by Acts 1987, 70th Leg.,
ch. 929, Sec. 1, eff. Sept. 1, 1987; Subsec. (c) amended by Acts
1989, 71st Leg., ch. 996, Sec. 1, eff. Sept. 1, 1989; Subsecs. (a),
(d) amended by Acts 1991, 72nd Leg., ch. 202, Sec. 3, eff. Sept. 1,
1991; Subsec. (a) amended by Acts 1993, 73rd Leg., ch. 811, Sec. 3,
eff. Sept. 1, 1993; Subsec. (a)(6) amended by Acts 1995, 74th Leg.,
ch. 76, Sec. 5.95(108), eff. Sept. 1, 1995; Subsecs. (a), (b)
amended by Acts 2001, 77th Leg., ch. 1034, Sec. 3, eff. Sept. 1,
2001.

Art. 56.03. Victim impact statement

(a) The Texas Crime Victim Clearinghouse, with the participation of
the Texas Adult Probation Commission and the Board of Pardons and
Paroles, shall develop a form to be used by law enforcement
agencies, prosecutors, and other participants in the criminal
justice system to record the impact of an offense on a victim of the
offense, guardian of a victim, or a close relative of a deceased
victim and to provide the agencies, prosecutors, and participants
with information needed to contact the victim, guardian, or
relative if needed at any stage of a prosecution of a person charged
with the offense. The Texas Crime Victim Clearinghouse, with the
participation of the Texas Adult Probation Commission and the Board
of Pardons and Paroles, shall also develop a victims' information
booklet that provides a general explanation of the criminal justice
system to victims of an offense, guardians of victims, and
relatives of deceased victims.

(b) The victim impact statement must be in a form designed to inform
a victim, guardian of a victim, or a close relative of a deceased
victim with a clear statement of rights provided by Article 56.02 of
this code and to collect the following information:

(1) the name of the victim of the offense or, if the victim has a
legal guardian or is deceased, the name of a guardian or close
relative of the victim;

(2) the address and telephone number of the victim, guardian, or
relative through which the victim, guardian of a victim, or a close
relative of a deceased victim, may be contacted;

(3) a statement of economic loss suffered by the victim, guardian,
or relative as a result of the offense;

(4) a statement of any physical or psychological injury suffered by
the victim, guardian, or relative as a result of the offense, as
described by the victim, guardian, relative, or by a physician or
counselor;

(5) a statement of any psychological services requested as a result
of the offense;

(6) a statement of any change in the victim's, guardian's, or
relative's personal welfare or familial relationship as a result of
the offense;

(7) a statement as to whether or not the victim, guardian, or
relative wishes to be notified in the future of any parole hearing
for the defendant and an explanation as to the procedures by which
the victim, guardian, or relative may obtain information concerning
the release of the defendant from the Texas Department of
Corrections; and

(8) any other information, other than facts related to the
commission of the offense, related to the impact of the offense on
the victim, guardian, or relative.

(c) The victim assistance coordinator, designated in Article
56.04(a) of this code, shall send to a victim, guardian of a victim,
or close relative of a deceased victim a victim impact statement, a
victims' information booklet, and an application for compensation
under Subchapter B, Chapter 56, along with an offer to assist in
completing those forms on request. The victim assistance
coordinator, on request, shall explain the possible use and
consideration of the victim impact statement at sentencing and
future parole hearing of the offender.

(d) If a victim, guardian of a victim, or close relative of a
deceased victim states on the victim impact statement that he
wishes to be notified of parole proceedings, the victim, guardian,
or relative is responsible for notifying the Board of Pardons and
Paroles of any change of address.

(e) Prior to the imposition of a sentence by the court in a criminal
case, the court, if it has received a victim impact statement, shall
consider the information provided in the statement. Before
sentencing the defendant, the court shall permit the defendant or
his counsel a reasonable time to read the statement, excluding the
victim's name, address, and telephone number, comment on the
statement, and, with the approval of the court, introduce testimony
or other information alleging a factual inaccuracy in the
statement. If the court sentences the defendant to a term of
community supervision, the court shall forward any victim's impact
statement received in the case to the community supervision and
corrections department supervising the defendant, along with the
papers in the case.

(f) The court may not inspect a victim impact statement until after
a finding of guilt or until deferred adjudication is ordered and
the contents of the statement may not be disclosed to any person
unless:

(1) the defendant pleads guilty or nolo contendere or is convicted
of the offense; or

(2) the defendant in writing authorizes the court to inspect the
statement.

(g) A victim impact statement is subject to discovery under Article
39.14 of this code before the testimony of the victim is taken only
if the court determines that the statement contains exculpatory
material.

(h) Not later than December 1 of each odd-numbered year, the Texas
Crime Victim Clearinghouse, with the participation of the Texas
Adult Probation Commission and the Board of Pardons and Paroles,
shall update the victim impact statement form and any other
information provided by the commission to victims, guardians of
victims, and relatives of deceased victims, if necessary, to
reflect changes in law relating to criminal justice and the rights
of victims and guardians and relatives of victims.

(i) In addition to the information described by Subsections
(b)(1)-(8), the victim impact statement must be in a form designed
to collect information on whether, if the victim is a child, there
is an existing court order granting to the defendant possession of
or access to the victim. If information collected under this
subsection indicates the defendant is granted access or possession
under court order and the defendant is subsequently confined by the
Texas Department of Criminal Justice as a result of the commission
of the offense, the victim services office of the department shall
contact the court issuing the order before the defendant is

released from the department on parole or mandatory supervision.

Added by Acts 1985, 69th Leg., ch. 588, Sec. 1, eff. Sept. 1, 1985.
Subsecs. (a), (c) amended by Acts 1987, 70th Leg., ch. 929, Sec. 2,
eff. Sept. 1, 1987; Subsec. (e) amended by Acts 1987, 70th Leg.,
ch. 433, Sec. 2, eff. Aug. 31, 1987; Subsec. (h) added by Acts 1987,
70th Leg., ch. 929, Sec. 3, eff. Sept. 1, 1987; Subsec. (c) amended
by Acts 1989, 71st Leg., ch. 996, Sec. 2, eff. Sept. 1, 1989;
amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(108), eff. Sept.
1, 1995; Subsec. (i) added by Acts 1997, 75th Leg., ch. 670, Sec. 5,
eff. Sept. 1, 1997; Subsec. (e) amended by Acts 2001, 77th Leg.,
ch. 1034, Sec. 4, eff. Sept. 1, 2001.

Art. 56.04. Victim assistance coordinator; crime victim liaison

(a) The district attorney, criminal district attorney, or county
attorney who prosecutes criminal cases shall designate a person to
serve as victim assistance coordinator in that jurisdiction.

(b) The duty of the victim assistance coordinator is to ensure that
a victim, guardian of a victim, or close relative of a deceased
victim is afforded the rights granted victims, guardians, and
relatives by Article 56.02 of this code. The victim assistance
coordinator shall work closely with appropriate law enforcement
agencies, prosecuting attorneys, the Board of Pardons and Paroles,
and the judiciary in carrying out that duty.

(c) Each local law enforcement agency shall designate one person to
serve as the agency's crime victim liaison. Each agency shall
consult with the victim assistance coordinator in the office of the
attorney representing the state to determine the most effective
manner in which the crime victim liaison can perform the duties
imposed on the crime victim liaison under this article.

(d) The duty of the crime victim liaison is to ensure that a victim,
guardian of a victim, or close relative of a deceased victim is
afforded the rights granted victims, guardians, or close relatives
of deceased victims by Subdivisions (4), (6), and (9) of Article
56.02(a) of this code.

(e) The victim assistance coordinator shall send a copy of a victim
impact statement to the court sentencing the defendant. If the
court sentences the defendant to imprisonment in the Texas
Department of Corrections, it shall attach the copy of the victim
impact statement to the commitment papers.

Added by Acts 1985, 69th Leg., ch. 588, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1989, 71st Leg., ch. 996, Sec. 3, eff. Sept. 1,
1989; Subsec. (a) amended by Acts 1991, 72nd Leg., ch. 202, Sec. 4,
eff. Sept. 1, 1991.

Art. 56.045. Presence of Advocate or Representative During Forensic
Medical Examination

(a) Before conducting a forensic medical examination of a person
who consents to such an examination for the collection of evidence
for an alleged sexual assault, the physician or other medical
services personnel conducting the examination shall offer the
person the opportunity to have an advocate from a sexual assault
program as defined by Section 420.003, Government Code, who has
completed a sexual assault training program described by Section
420.011(b), Government Code, present with the person during the
examination, if the advocate is available at the time of the
examination.

(b) The advocate may only provide the injured person with:

(1) counseling and other support services; and

(2) information regarding the rights of crime victims under Article
56.02.

(c) Notwithstanding Subsection (a), the advocate and the sexual
assault program providing the advocate may not delay or otherwise
impede the screening or stabilization of an emergency medical
condition.

(d) The sexual assault program providing the advocate shall pay all
costs associated with providing the advocate.

(e) Any individual or entity, including a health care facility,
that provides an advocate with access to a person consenting to an
examination under Subsection (a) is not subject to civil or
criminal liability for providing that access. In this subsection,
"health care facility" includes a hospital licensed under Chapter
241, Health and Safety Code.

(f) If a person alleging to have sustained injuries as the victim of
a sexual assault was confined in a penal institution, as defined by
Section 1.07, Penal Code, at the time of the alleged assault, the
penal institution shall provide, at the person's request, a
representative to be present with the person at any forensic
medical examination conducted for the purpose of collecting and
preserving evidence related to the investigation or prosecution of
the alleged assault. The representative may only provide the
injured person with counseling and other support services and with
information regarding the rights of crime victims under Article
56.02 and may not delay or otherwise impede the screening or
stabilization of an emergency medical condition. The
representative must be approved by the penal institution and must
be a:

(1) psychologist;

(2) sociologist;

(3) chaplain;

(4) social worker;

(5) case manager; or

(6) volunteer who has completed a sexual assault training program
described by Section 420.011(b), Government Code.

Added by Acts 2001, 77th Leg., ch. 1019, Sec. 1, eff. Sept. 1, 2001.

Art. 56.05. Reports Required

(a) The Board of Pardons and Paroles, the Texas Adult Probation
Commission, and the Texas Crime Victim Clearinghouse, designated as
the planning body for the purposes of this article, shall develop a
survey plan to maintain statistics on the numbers and types of
persons to whom state and local agencies provide victim impact
statements during each year.

(b) At intervals specified in the plan, the planning body may
require any state or local agency to submit, in a form prescribed
for the reporting of the information, statistical data on the
numbers and types of persons to whom the agency provides victim
impact statements and any other information required by the
planning body. The form must be designed to protect the privacy of
persons afforded rights under this chapter and to determine whether
the selected agency or office is making a good faith effort to
protect the rights of the persons served.

(c) The Texas Crime Victim Clearinghouse shall develop crime victim
assistance standards and distribute those standards to law
enforcement officers and attorneys representing the state to aid
those officers and prosecutors in performing duties imposed by this
chapter.

Added by Acts 1985, 69th Leg., ch. 588, Sec. 1, eff. Sept. 1, 1985.
Subsec. (c) added by Acts 1989, 71st Leg., ch. 996, Sec. 4, eff.
Sept. 1, 1989.

Art. 56.06. Costs of medical examination

(a) A law enforcement agency that requests a medical examination of
a victim of an alleged sexual assault for use in the investigation
or prosecution of the offense shall pay all costs of the
examination. On application to the attorney general, the law
enforcement agency is entitled to be reimbursed for the reasonable
costs of that examination if the examination was performed by a
physician or by a sexual assault examiner or sexual assault nurse
examiner, as defined by Section 420.003, Government Code.

(b) A law enforcement agency or prosecuting attorney's office may
pay all costs related to the testimony of a licensed health care
professional in a criminal proceeding regarding the results of the
medical examination or manner in which it was performed.

Added by Acts 1989, 71st Leg., ch. 2, Sec. 5.05(a), eff. Aug. 28,
1989. Subsec. (a) amended by Acts 1991, 72nd Leg., ch. 75, Sec. 1,
eff. Sept. 1, 1991. Amended by Acts 2001, 77th Leg., ch. 1507, Sec.
1, eff. June 15, 2001.

Art. 56.07. Notification

(a) At the initial contact or at the earliest possible time after
the initial contact between the victim of a reported crime and the
law enforcement agency having the responsibility for investigating
that crime, that agency shall provide the victim a written notice
containing:

(1) information about the availability of emergency and medical
services, if applicable;

(2) notice that the victim has the right to receive information
regarding compensation to victims of crime as provided by
Subchapter B, Chapter 56, including information about:

(A) the costs that may be compensated under that Act and the amount
of compensation, eligibility for compensation, and procedures for
application for compensation under that Act;

(B) the payment for a medical examination for a victim of a sexual
assault under Article 56.06 of this code; and

(3) the name, address, and phone number of the law enforcement
agency's victim assistance liaison;

(4) the address, phone number, and name of the crime victim
assistance coordinator of the office of the attorney representing
the state;

(5) the following statement:

"You may call the law enforcement agency's telephone number for the
status of the case and information about victims' rights"; and

(6) the rights of crime victims under Article 56.02 of this code.

(b) At the same time a law enforcement agency provides notice under
Subsection (a), the agency shall provide, if the agency possesses
the relevant information, a referral to a sexual assault program as
defined by Section 420.003, Government Code, and a written
description of the services provided by that program. A sexual
assault program may provide a written description of its services
to a law enforcement agency.

Added by Acts 1991, 72nd Leg., ch. 202, Sec. 5, eff. Sept. 1, 1991.
Subd. (2) amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(108),
eff. Sept. 1, 1995. Amended by Acts 2003, 78th Leg., ch. 788, Sec.
1, eff. June 20, 2003.

Art. 56.08. Notification of rights by attorney representing the
state

(a) Not later than the 10th day after the date that an indictment or
information is returned against a defendant for an offense, the
attorney representing the state shall give to each victim of the
offense a written notice containing:

(1) a brief general statement of each procedural stage in the
processing of a criminal case, including bail, plea bargaining,
parole restitution, and appeal;

(2) notification of the rights and procedures under this chapter;

(3) suggested steps the victim may take if the victim is subjected
to threats or intimidation;

(4) notification of the right to receive information regarding
compensation to victims of crime as provided by Subchapter B of
this chapter, including information about:

(A) the costs that may be compensated under Subchapter B of this
chapter, eligibility for compensation, and procedures for
application for compensation under Subchapter B of this chapter;

(B) the payment for a medical examination for a victim of a sexual
assault under Article 56.06 of this code; and

(5) the name, address, and phone number of the local victim
assistance coordinator;

(6) the case number and assigned court for the case;

(7) the right to file a victim impact statement with the office of
the attorney representing the state and the pardons and paroles
division of the Texas Department of Criminal Justice; and

(8) notification of the right of a victim, guardian of a victim, or
close relative of a deceased victim, as defined by Section 508.117,
Government Code, to appear in person before a member of the Board of
Pardons and Paroles as provided by Section 508.153, Government
Code.

(b) If requested by the victim, the attorney representing the
state, as far as reasonably practical, shall give to the victim
notice of any scheduled court proceedings, changes in that
schedule, the filing of a request for continuance of a trial
setting, and any plea agreements to be presented to the court.

(c) A victim who receives a notice under Subsection (a) of this
article and who chooses to receive other notice under law about the
same case must keep the following persons informed of the victim's
current address and phone number:

(1) the attorney representing the state; and

(2) the pardons and paroles division of the Texas Department of
Criminal Justice if after sentencing the defendant is confined in
the institutional division.

(d) An attorney representing the state who receives information
concerning a victim's current address and phone number shall
immediately provide that information to the community supervision
and corrections department supervising the defendant, if the
defendant is placed on community supervision.

(e) The brief general statement describing the plea bargaining
stage in a criminal trial required by Subsection (a)(1) shall
include a statement that:

(1) the victim impact statement provided by the victim, guardian of
a victim, or close relative of a deceased victim will be considered
by the attorney representing the state in entering into the plea

bargain agreement; and

(2) the judge before accepting the plea bargain is required under
Section 26.13(e) to ask:

(A) whether a victim impact statement has been returned to the
attorney; and

(B) if a statement has been returned, for a copy of the statement.

Added by Acts 1991, 72nd Leg., ch. 202, Sec. 5, eff. Sept. 1, 1991.
Subsec. (a) amended by Acts 1995, 74th Leg., ch. 253, Sec. 2, eff.
Sept. 1, 1995; Subsec. (a)(4) amended by Acts 1995, 74th Leg., ch.
76, Sec. 5.95(108), eff. Sept. 1, 1995; Subsec. (d) added by Acts
1995, 74th Leg., ch. 252, Sec. 2, eff. Sept. 1, 1995; Subsec. (a)
amended by Acts 1997, 75th Leg., ch. 165, Sec. 12.04, eff. Sept. 1,
1997; Subsec. (e) added by Acts 2001, 77th Leg., ch. 1034, Sec. 5,
eff. Sept. 1, 2001.

Art. 56.09. Victim's right to privacy

As far as reasonably practical, the address of the victim may not be
a part of the court file except as necessary to identify the place
of the crime. The phone number of the victim may not be a part of
the court file.

Added by Acts 1991, 72nd Leg., ch. 202, Sec. 5, eff. Sept. 1, 1991.

Art. 56.10. Victim's discovery attendance

Unless absolutely necessary, victims or witnesses who are not
incarcerated may not be required to attend depositions in a
correctional facility.

Added by Acts 1991, 72nd Leg., ch. 202, Sec. 5, eff. Sept. 1, 1991.

Art. 56.11. Notification to Victim of Release or Escape of
Defendant

(a) The Texas Department of Criminal Justice or the sheriff,
whichever has custody of the defendant in the case of a felony, or
the sheriff in the case of a misdemeanor, shall notify the victim of
the offense whenever a person convicted of an offense described by
Subsection (c):

(1) completes the person's sentence and is released; or

(2) escapes from a correctional facility.

(b) If the Texas Department of Criminal Justice is required by
Subsection (a) to give notice to the victim of an offense, the
department shall also give notice to local law enforcement
officials in the county in which the victim resides.

(c) This article applies to a person convicted of an offense
described by Section 508.187(a), Government Code, or an offense
involving family violence, stalking, or violation of a protective
order or magistrate's order.

(d) It is the responsibility of a victim desiring notification of
the offender's release to provide the Texas Department of Criminal
Justice or the sheriff, as appropriate, with the address and
telephone number of the victim or other person through whom the
victim may be contacted and to notify the department or the sheriff
of any change of address or telephone number of the victim or other
person. Information obtained and maintained by the Texas
Department of Criminal Justice or a sheriff under this subsection
is privileged and confidential.

(e) The Texas Department of Criminal Justice or the sheriff, as
appropriate, shall make a reasonable attempt to give the notice
required by Subsection (a):

(1) not later than the 30th day before the person completes the
sentence and is released; or

(2) immediately if the person escapes from the correctional
facility.

(f) An attempt by the Texas Department of Criminal Justice or the
sheriff to give notice to the victim at the victim's last known
address, as shown on the records of the department or agency,
constitutes a reasonable attempt to give notice under this article.

(g) In this article:

(1) "Correctional facility" has the meaning assigned by Section
1.07, Penal Code.

(2) "Family violence" has the meaning assigned by Section 71.004,
Family Code.

Added by Acts 1993, 73rd Leg., ch. 10, Sec. 6, eff. March 19, 1993.
Subsec. (a) amended by Acts 1995, 74th Leg., ch. 657, Sec. 6, eff.
June 14, 1995; amended by Acts 1997, 75th Leg., ch. 1, Sec. 8, eff.
Jan. 28, 1997. Amended by Acts 1997, 75th Leg., ch. 670, Sec. 6,
eff. Sept. 1, 1997; Subsec. (c) amended by Acts 2001, 77th Leg.,
ch. 978, Sec. 3, eff. Sept. 1, 2001; Subsec. (g) amended by Acts
2003, 78th Leg., ch. 1276, Sec. 7.002(k), eff. Sept. 1, 2003.

Art. 56.12. Notification of Escape or Transfer

(a) The Texas Department of Criminal Justice shall immediately
notify the victim of an offense, the victim's guardian, or the
victim's close relative, if the victim is deceased, if the victim,
victim's guardian, or victim's close relative has notified the
institutional division as provided by Subsection (b) of this
article, whenever the offender:

(1) escapes from a facility operated by the institutional division;
or

(2) is transferred from the custody of the institutional division
to the custody of a peace officer under a writ of attachment or a
bench warrant.

(b) It is the responsibility of the victim, guardian, or close
relative desiring notification of an offender's escape or transfer
from custody under a writ of attachment or bench warrant to notify
the Texas Department of Criminal Justice of the desire for
notification and any change of address.

(c) In providing notice under Subsection (a)(2), the institutional
division shall include the name, address, and telephone number of
the peace officer receiving the inmate into custody. On returning
the inmate to the custody of the institutional division, the victim
services division of the Texas Department of Criminal Justice shall
notify the victim, the victim's guardian, or the victim's close
relative if the victim is deceased, of that fact.

Added by Acts 1995, 74th Leg., ch. 251, Sec. 1, eff. May 29, 1995.
Amended by Acts 2001, 77th Leg., ch. 1034, Sec. 6, eff. Sept. 1,
2001.

Art. 56.13. Victim-Offender Mediation

The victim services division of the Texas Department of Criminal
Justice shall:

(1) train volunteers to act as mediators between victims, guardians
of victims, and close relatives of deceased victims and offenders
whose criminal conduct caused bodily injury or death to victims;
and

(2) provide mediation services through referral of a trained
volunteer, if requested by a victim, guardian of a victim, or close
relative of a deceased victim.

Added by Acts 2001, 77th Leg., ch. 1034, Sec. 7, eff. Sept. 1, 2001.

Art. 56.14. Clearinghouse Annual Conference

(a) The Texas Crime Victim Clearinghouse may conduct an annual
conference to provide to participants in the criminal justice
system training containing information on crime victims' rights.

(b) The clearinghouse may charge fees to persons attending the
conference described by Subsection (a).

Added by Acts 2001, 77th Leg., ch. 1034, Sec. 7, eff. Sept. 1, 2001.

SUBCHAPTER B. CRIME VICTIMS COMPENSATION

Art. 56.31. Short Title

This subchapter may be cited as the Crime Victims' Compensation
Act.

Art. 56.311. Legislative Findings and Intent

The legislature recognizes that many innocent individuals suffer
personal injury or death as a result of criminal acts. Crime
victims and persons who intervene to prevent criminal acts often
suffer disabilities, incur financial burdens, or become dependent
on public assistance. The legislature finds that there is a need
for the compensation of victims of crime and those who suffer
personal injury or death in the prevention of crime or in the
apprehension of criminals. It is the legislature's intent that the
compensation of innocent victims of violent crime encourage greater
public cooperation in the successful apprehension and prosecution
of criminals.

Added by Acts 1995, 74th Leg., ch. 779, Sec. 1, eff. Sept. 1, 1995.

Art. 56.32. Definitions

(a) In this subchapter:

(1) "Child" means an individual younger than 18 years of age who:

(A) is not married; or

(B) has not had the disabilities of minority removed for general
purposes under Chapter 31, Family Code.

(2) "Claimant" means, except as provided by Subsection (b), any of
the following individuals who is entitled to file or has filed a
claim for compensation under this subchapter:

(A) an authorized individual acting on behalf of a victim;

(B) an individual who legally assumes the obligation or who
voluntarily pays medical or burial expenses of a victim incurred as
a result of the criminally injurious conduct of another;

(D) an immediate family member or household member of a victim who:

(i) requires psychiatric care or counseling as a result of the
criminally injurious conduct; or

(ii) as a result of the criminally injurious conduct, incurs with
respect to a deceased victim expenses for traveling to and
attending the victim's funeral or suffers wage loss from
bereavement leave taken in connection with the death of that
victim; or

(E) an authorized individual acting on behalf of an individual who
is described by Subdivision (C) or (D) and who is a child.

(3) "Collateral source" means any of the following sources of
benefits or advantages for pecuniary loss that a claimant or victim
has received or that is readily available to the claimant or victim
from:

(A) the offender under an order of restitution to the claimant or
victim imposed by a court as a condition of community supervision;

(B) the United States, a federal agency, a state or any of its
political subdivisions, or an instrumentality of two or more
states, unless the law providing for the benefits or advantages
makes them in excess of or secondary to benefits under this
subchapter;

(D) another state's or another country's crime victims'
compensation program;

(E) workers' compensation;

(F) an employer's wage continuation program, not including vacation
and sick leave benefits;

(G) proceeds of an insurance contract payable to or on behalf of the
claimant or victim for loss that the claimant or victim sustained
because of the criminally injurious conduct;

(H) a contract or self-funded program providing hospital and other
health care services or benefits; or

(I) proceeds awarded to the claimant or victim as a result of
third-party litigation.

(4) "Criminally injurious conduct" means conduct that:

(A) occurs or is attempted;

(B) poses a substantial threat of personal injury or death;

(C) is punishable by fine, imprisonment, or death, or would be
punishable by fine, imprisonment, or death if the person engaging
in the conduct possessed capacity to commit the conduct; and

(D) does not arise out of the ownership, maintenance, or use of a
motor vehicle, aircraft, or water vehicle, unless the conduct is
intended to cause personal injury or death or the conduct is in
violation of Section 550.021, Transportation Code, or one or more
of the following sections of the Penal Code:

(i) Section 19.04 (manslaughter);

(ii) Section 19.05 (criminally negligent homicide);

(iii) Section 22.02 (aggravated assault);

(iv) Section 49.04 (driving while intoxicated);

(v) Section 49.05 (flying while intoxicated);

(vi) Section 49.06 (boating while intoxicated);

(vii) Section 49.07 (intoxication assault); or

(viii) Section 49.08 (intoxication manslaughter).

(5) "Dependent" means:

(A) a surviving spouse;

(B) a person who is a dependent, within the meaning of the Internal
Revenue Code, of a victim; and

(6) "Household member" means an individual who resided in the same
permanent household as the victim at the time that the criminally
injurious conduct occurred and who is related by consanguinity or
affinity to the victim.

(7) "Immediate family member" means an individual who is related to
a victim within the second degree by affinity or consanguinity.

(8) "Intervenor" means an individual who goes to the aid of another
and is killed or injured in the good faith effort to prevent
criminally injurious conduct, to apprehend a person reasonably
suspected of having engaged in criminally injurious conduct, or to
aid a peace officer.

(9) "Pecuniary loss" means the amount of expense reasonably and
necessarily incurred as a result of personal injury or death for:

(A) medical, hospital, nursing, or psychiatric care or counseling,
or physical therapy;

(B) actual loss of past earnings and anticipated loss of future
earnings and necessary travel expenses because of:

(i) a disability resulting from the personal injury;

(ii) the receipt of medically indicated services related to the
disability resulting from the personal injury; or

(iii) participation in or attendance at investigative,
prosecutorial, or judicial processes related to the criminally
injurious conduct and participation in or attendance at any
postconviction or postadjudication proceeding relating to
criminally injurious conduct;

(D) funeral and burial expenses, including, for an immediate family
member or household member of the victim, the necessary expenses of
traveling to and attending the funeral;

(E) loss of support to a dependent, consistent with Article
56.41(b)(5);

(F) reasonable and necessary costs of cleaning the crime scene;

(G) reasonable replacement costs for clothing, bedding, or property
of the victim seized as evidence or rendered unusable as a result of
the criminal investigation;

(H) reasonable and necessary costs, as provided by Article
56.42(d), incurred by a victim of family violence or a victim of
sexual assault who is assaulted in the victim's place of residence
for relocation and housing rental assistance payments; and

Text of Par. (I) as added by Acts 2003, 78th Leg., ch. 1286, Sec. 1

(I) for an immediate family member or household member of a deceased
victim, bereavement leave of not more than 10 work days.

Text of Par. (I) as added by Acts 2003, 78th Leg., ch. 1303, Sec. 2

(I) reasonable and necessary costs of traveling to and from a place
of execution for the purpose of witnessing the execution, including
one night's lodging near the place at which the execution is
conducted.

(10) "Personal injury" means physical or mental harm.

(11) "Victim" means, except as provided by Subsection (c):

(A) an individual who:

(ii) is a resident of this state, another state of the United
States, the District of Columbia, the Commonwealth of Puerto Rico,
or a possession or territory of the United States;

(B) an individual who:

(i) suffers personal injury or death as a result of criminally
injurious conduct or as a result of actions taken by the individual
as an intervenor, if the conduct or actions occurred in a state or
country that does not have a crime victims' compensation program
that meets the requirements of Section 1403(b), Crime Victims
Compensation Act of 1984 (42 U.S.C. Section 10602(b));

(ii) is a resident of this state; and

(iii) would be entitled to compensation under this subchapter if
the criminally injurious conduct or actions had occurred in this
state; or

(i) suffers personal injury or death as a result of criminally
injurious conduct caused by an act of international terrorism as
defined by 18 U.S.C. Section 2331 committed outside of the United
States; and

(ii) is a resident of this state.

(12) "Family violence" has the meaning assigned by Section
71.004(1), Family Code.

(b) In this subchapter "claimant" does not include a service
provider.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 6, eff. Sept. 1, 1993.
Amended by Acts 1993, 73rd Leg., ch. 805, Sec. 3, 4, eff. Aug. 30,
1993; Acts 1995, 74th Leg., ch. 76, Sec. 5.84(a), eff. Sept. 1,
1995; Acts 1995, 74th Leg., ch. 779, Sec. 1, eff. Sept. 1, 1995;
Subsec. (a)(4) amended by Acts 1995, 74th Leg., ch. 76, Sec. 14.27,
eff. Sept. 1, 1995; Subsec. (a)(8) amended by Acts 1995, 74th Leg.,
ch. 76, Sec. 9.55, eff. Sept. 1, 1995. Amended by Acts 1997, 75th
Leg., ch. 1434, Sec. 1, eff. Sept. 1, 1997; Subsec. (a)(9) amended
by Acts 1999, 76th Leg., ch. 1470, Sec. 1, eff. June 19, 1999;
Subsec. (a)(9) amended by Acts 2001, 77th Leg., ch. 11, Sec. 1, eff.
Sept. 1, 2001; Subsec. (a)(12) added by Acts 2001, 77th Leg., ch.
11, Sec. 2, eff. Sept. 1, 2001; Subsec. (a)(2) amended by Acts
2003, 78th Leg., ch. 1286, Sec. 1, eff. Sept. 1, 2003; Subsec.
(a)(9) amended by Acts 2003, 78th Leg., ch. 1286, Sec. 1, eff. Sept.
1, 2003; amended by Acts 2003, 78th Leg., ch. 1303, Sec. 2, eff.
June 21, 2003.

Art. 56.33. Administration; Rules

(a) The attorney general shall adopt rules consistent with this
subchapter governing its administration, including rules relating
to the method of filing claims and the proof of entitlement to
compensation and the review of health care services subject to
compensation under this chapter. Subchapters A and B, Chapter
2001, Government Code, except Sections 2001.004(3) and 2001.005,
apply to the attorney general.

(b) The attorney general may delegate a power, duty, or
responsibility given to the attorney general under this subchapter
to a person in the attorney general's office.

Art. 56.34. Compensation

(a) The attorney general shall award compensation for pecuniary
loss arising from criminally injurious conduct if the attorney
general is satisfied by a preponderance of the evidence that the
requirements of this subchapter are met.

(b) The attorney general, shall establish whether, as a direct
result of criminally injurious conduct, a claimant or victim
suffered personal injury or death that resulted in a pecuniary loss
for which the claimant or victim is not compensated from a
collateral source.

(c) The attorney general shall award compensation for health care
services according to the medical fee guidelines prescribed by
Subtitle A, Title 5, Labor Code.

(d) The attorney general, a claimant, or a victim is not liable for
health care service charges in excess of the medical fee
guidelines. A health care provider shall accept compensation from
the attorney general as payment in full for the charges unless an
investigation of the charges by the attorney general determines
that there is a reasonable health care justification for the
deviation from the guidelines.

(e) A claimant or victim is not liable for the balance of service
charges left as a result of an adjustment of payment for the charges
under Article 56.58.

(f) The compensation to victims of crime fund and the compensation
to victims of crime auxiliary fund are the payers of last resort.

Art. 56.35. Types of Assistance

If the attorney general approves an application for compensation
under Article 56.41, the attorney general shall determine what type
of state assistance will best aid the claimant or victim. The
attorney general may do one or more of the following:

(1) authorize cash payment or payments to or on behalf of a claimant
or victim for pecuniary loss;

(2) refer a claimant or victim to a state agency for vocational or
other rehabilitative services; or

(3) provide counseling services for a claimant or victim or
contract with a private entity to provide counseling services.

Art. 56.36. Application

(a) An applicant for compensation under this subchapter must apply
in writing on a form prescribed by the attorney general.

(b) An application must be verified and must contain:

(1) the date on which the criminally injurious conduct occurred;

(2) a description of the nature and circumstances of the criminally
injurious conduct;

(3) a complete financial statement, including:

(A) the cost of medical care or burial expenses and the loss of
wages or support the claimant or victim has incurred or will incur;
and

(B) the extent to which the claimant or victim has been indemnified
for those expenses from a collateral source;

(4) if appropriate, a statement indicating the extent of a
disability resulting from the injury incurred;

(5) an authorization permitting the attorney general to verify the
contents of the application; and

(6) other information the attorney general requires.

Art. 56.37. Time for Filing

(a) Except as otherwise provided by this article, a claimant or
victim must file an application not later than three years from the
date of the criminally injurious conduct.

(b) The attorney general may extend the time for filing for good
cause shown by the claimant or victim.

(c) If the victim is a child, the application must be filed within
three years from the date the claimant or victim is made aware of
the crime but not after the child is 21 years of age.

(d) If a claimant or victim presents medically documented evidence
of a physical or mental incapacity that was incurred by the claimant
or victim as a result of the criminally injurious conduct and that
reasonably prevented the claimant or victim from filing the
application within the limitations period under Subsection (a), the
period of the incapacity is not included.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 6, eff. Sept. 1, 1993.
Amended by Acts 1993, 73rd Leg., ch. 805, Sec. 10, eff. Aug. 30,
1993; Acts 1995, 74th Leg., ch. 76, Sec. 5.84(a), eff. Sept. 1,
1995; Acts 1995, 74th Leg., ch. 779, Sec. 1, eff. Sept. 1, 1995;
Acts 1997, 75th Leg., ch. 1434, Sec. 1, eff. Sept. 1, 1997.

Art. 56.38. Review; Verification

(a) The attorney general shall appoint a clerk to review each
application for compensation under Article 56.36 to ensure the
application is complete. If an application is not complete, the
clerk shall return it to the claimant or victim and give a brief
statement showing the additional information required. Not later
than the 30th day after receiving a returned application, a
claimant or victim may:

(1) supply the additional information; or

(2) appeal the action to the attorney general, who shall review the
application to determine whether it is complete.

(b) The attorney general may investigate an application.

(c) Incident to the attorney general's review, verification, and
hearing duties under this subchapter, the attorney general may:

(1) subpoena witnesses and administer oaths to determine whether
and the extent to which a claimant or victim qualifies for an award;
and

(2) order a claimant or victim to submit to a mental or physical
examination by a physician or psychologist or order an autopsy of a
deceased victim as provided by Article 56.39, if the mental,
physical, or emotional condition of a claimant or victim is
material to a claim.

(d) On request by the attorney general and not later than the 14th
business day after the date of the request, a law enforcement agency
shall release to the attorney general all reports, including
witness statements and criminal history record information, for the
purpose of allowing the attorney general to determine whether a
claimant or victim qualifies for an award and the extent of the
qualification.

Art. 56.385. Review of Health Care Services

(a) The attorney general may review the actual or proposed health
care services for which a claimant or victim seeks compensation in
an application filed under Article 56.36.

(b) The attorney general may not compensate a claimant or victim for
health care services that the attorney general determines are not
medically necessary.

Added by Acts 1995, 74th Leg., ch. 779, Sec. 1, eff. Sept. 1, 1995.

Art. 56.39. Mental or Physical Examination; Autopsy

(a) An order for a mental or physical examination or an autopsy as
provided by Article 56.38(c)(3) may be made for good cause shown on
notice to the individual to be examined and to all persons who have
appeared.

(b) An order shall:

(1) specify the time, place, manner, conditions, and scope of the
examination or autopsy;

(2) specify the person by whom the examination or autopsy is to be
made; and

(3) require the person making the examination or autopsy to file
with the attorney general a detailed written report of the
examination or autopsy.

(1) the results of any tests made; and

(2) diagnoses, prognoses, and other conclusions and reports of
earlier examinations of the same conditions.

(d) On request of the individual examined, the attorney general
shall furnish the individual with a copy of the report. If the
victim is deceased, the attorney general on request shall furnish
the claimant with a copy of the report.

(e) A physician or psychologist making an examination or autopsy
under this article shall be compensated from funds appropriated for
the administration of this subchapter.

Art. 56.40. Hearings

(a) The attorney general shall determine whether a hearing on an
application for compensation under this subchapter is necessary.

(b) If the attorney general determines that a hearing is not
necessary, the attorney general may approve the application in
accordance with the provisions of Article 56.41.

(c) If the attorney general determines that a hearing is necessary
or if the claimant or victim requests a hearing, the attorney
general shall consider the application at a hearing at a time and
place of the attorney general's choosing. The attorney general
shall notify all interested persons not less than 10 days before the
date of the hearing.

(d) At the hearing the attorney general shall:

(1) review the application for assistance and the report prepared
under Article 56.39 and any other evidence obtained as a result of
the attorney general's investigation; and

(2) receive other evidence that the attorney general finds
necessary or desirable to evaluate the application properly.

(e) The attorney general may appoint hearing officers to conduct
hearings or prehearing conferences under this subchapter.

(f) A hearing or prehearing conference is open to the public unless
in a particular case the hearing officer or attorney general
determines that the hearing or prehearing conference or a part of it
should be held in private because a criminal suspect has not been
apprehended or because it is in the interest of the claimant or
victim.

(g) The attorney general may suspend the proceedings pending
disposition of a criminal prosecution that has been commenced or is
imminent, but may make an emergency award under Article 56.50.

(h) Subchapters C through H, Chapter 2001, Government Code, do not
apply to the attorney general or the attorney general's orders and
decisions.

Art. 56.41. Approval of Claim

(a) The attorney general shall approve an application for
compensation under this subchapter if the attorney general finds by
a preponderance of the evidence that grounds for compensation under
this subchapter exist.

(b) The attorney general shall deny an application for compensation
under this subchapter if:

(1) the criminally injurious conduct is not reported as provided by
Article 56.46;

(2) the application is not made in the manner provided by Articles
56.36 and 56.37;

(3) the claimant or victim knowingly and willingly participated in
the criminally injurious conduct;

(4) the claimant or victim is the offender or an accomplice of the
offender;

(5) an award of compensation to the claimant or victim would benefit
the offender or an accomplice of the offender;

(6) the claimant or victim was incarcerated in a penal institution,
as defined by Section 1.07, Penal Code, at the time the offense was
committed; or

(7) the claimant or victim knowingly or intentionally submits false
or forged information to the attorney general.

(c) Except as provided by rules adopted by the attorney general to
prevent the unjust enrichment of an offender, the attorney general
may not deny an award otherwise payable to a claimant or victim
because the claimant or victim:

(1) is an immediate family member of the offender; or

(2) resides in the same household as the offender.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 6, eff. Sept. 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.84(a), eff. Sept. 1,
1995; Acts 1995, 74th Leg., ch. 779, Sec. 1, eff. Sept. 1, 1995;
Subsec. (b) amended by Acts 1995, 74th Leg., ch. 76, Sec. 14.28,
eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1434, Sec.
1, eff. Sept. 1, 1997.

Art. 56.42. Limits on Compensation

(a) Except as otherwise provided by this article, awards payable to
a victim and all other claimants sustaining pecuniary loss because
of injury or death of that victim may not exceed $50,000 in the
aggregate.

(b) In addition to an award payable under Subsection (a), the
attorney general may award an additional $75,000 for extraordinary
pecuniary losses, if the personal injury to a victim is
catastrophic and results in a total and permanent disability to the
victim, for lost wages and reasonable and necessary costs of:

(1) making a home or automobile accessible;

(2) obtaining job training and vocational rehabilitation;

(3) training in the use of special appliances;

(4) receiving home health care;

(5) durable medical equipment;

(6) rehabilitation technology; and

(7) long-term medical expenses incurred as a result of medically
indicated treatment for the personal injury.

(c) The attorney general may by rule establish limitations on any
other pecuniary loss compensated for under this subchapter,
including limitations on pecuniary loss incurred as a result of a
claimant's travel to and attendance of a deceased victim's funeral.

(d) A victim who is a victim of family violence or a victim of sexual
assault who is assaulted in the victim's place of residence may
receive a onetime-only assistance payment in an amount not to
exceed:

(1) $2,000 to be used for relocation expenses, including expenses
for rental deposit, utility connections, expenses relating to the
moving of belongings, motor vehicle mileage expenses, and for
out-of-state moves, transportation, lodging, and meals; and

(2) $1,800 to be used for housing rental expenses.

(e) An immediate family member or household member of a deceased
victim may not receive more than $1,000 in lost wages as a result of
bereavement leave taken by the family or household member.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 6, eff. Sept. 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.84(a), eff. Sept. 1,
1995; Acts 1995, 74th Leg., ch. 779, Sec. 1, eff. Sept. 1, 1995;
Acts 1997, 75th Leg., ch. 1434, Sec. 1, eff. Sept. 1, 1997; Subsec.
(d) added by Acts 1999, 76th Leg., ch. 1470, Sec. 2, eff. June 19,
1999; Subsec. (b) amended by Acts 2001, 77th Leg., ch. 274, Sec. 1,
eff. Sept. 1, 2001; Subsec. (d) amended by Acts 2001, 77th Leg.,
ch. 11, Sec. 3, eff. Sept. 1, 2001; Subsec. (c) amended by Acts
2003, 78th Leg., ch. 1286, Sec. 2, eff. Sept. 1, 2003; Subsec. (e)
added by Acts 2003, 78th Leg., ch. 1286, Sec. 2, eff. Sept. 1, 2003.

Art. 56.43. Attorney Fees

(a) As part of an order, the attorney general shall determine and
award reasonable attorney's fees, commensurate with legal services
rendered, to be paid by the state to the attorney representing the
claimant or victim. Attorney fees shall not exceed 25 percent of
the amount the attorney assisted the claimant or victim in
obtaining. Where there is no dispute of the attorney general's
determination of the amount of the award due to the claimant or
victim and where no hearing is held, the attorney fee shall be the
lesser of either 25 percent of the amount the attorney assisted the
claimant or victim in obtaining or $300.

(b) Attorney fees may be denied on a finding that the claim or
appeal is frivolous.

(d) An attorney may not contract for or receive an amount larger
than that allowed under this article.

(e) Attorney fees may not be paid to an attorney of a claimant or
victim unless an award is made to the claimant or victim.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 6, eff. Sept. 1, 1993.
Amended by Acts 1993, 73rd Leg., ch. 805, Sec. 9, eff. Aug. 30,
1993; Acts 1995, 74th Leg., ch. 76, Sec. 5.84(a), eff. Sept. 1,
1995; Acts 1995, 74th Leg., ch. 779, Sec. 1, eff. Sept. 1, 1995.

Art. 56.44. Payments

(a) The attorney general may provide for the payment of an award in
a lump sum or in installments. The attorney general shall provide
that the part of an award equal to the amount of pecuniary loss
accrued to the date of the award be paid in a lump sum. Except as
provided in Subsection (b), the attorney general shall pay the part
of an award for allowable expense that accrues after the award is
made in installments.

(b) At the request of the claimant or victim, the attorney general
may provide that an award for future pecuniary loss be paid in a
lump sum if the attorney general finds that:

(1) paying the award in a lump sum will promote the interests of the
claimant or victim; or

(2) the present value of all future pecuniary loss does not exceed
$1,000.

(c) The attorney general may not provide for an award for future
pecuniary loss payable in installments for a period for which the
attorney general cannot reasonably determine the future pecuniary
loss.

(d) The attorney general may make payments only to an individual who
is a claimant or a victim or to a provider on the individual's
behalf.

Art. 56.45. Denial or Reduction of Award

The attorney general may deny or reduce an award otherwise payable:

(1) if the claimant or victim has not substantially cooperated with
an appropriate law enforcement agency;

(2) if the claimant or victim bears a share of the responsibility
for the act or omission giving rise to the claim because of the
claimant's or victim's behavior;

(3) to the extent that pecuniary loss is recouped from a collateral
source; or

(4) if the claimant or victim was engaging in an activity that at
the time of the criminally injurious conduct was prohibited by law
or a rule made under law.

Art. 56.46. Reporting of Crime

(a) Except as otherwise provided by this article, a claimant or
victim may not file an application unless the victim reports the
criminally injurious conduct to the appropriate state or local
public safety or law enforcement agency within a reasonable period
of time, but not so late as to interfere with or hamper the
investigation and prosecution of the crime after the criminally
injurious conduct is committed.

(b) The attorney general may extend the time for reporting the
criminally injurious conduct if the attorney general determines
that the extension is justified by extraordinary circumstances.

Art. 56.47. Reconsideration

(a) The attorney general, on the attorney general's own motion or on
request of a claimant or victim, may reconsider:

(1) a decision to make or deny an award; or

(2) the amount of an award.

(b) At least annually, the attorney general shall reconsider each
award being paid in installments.

(1) the award was obtained by fraud or mistake; or

(2) newly discovered evidence shows the claimant or victim to be
ineligible for the award under Article 56.41 or 56.45.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 6, eff. Sept. 1, 1993.
Amended by Acts 1993, 73rd Leg., ch. 805, Sec. 6, eff. Aug. 30,
1993; Acts 1995, 74th Leg., ch. 76, Sec. 5.84(a), eff. Sept. 1,
1995; Acts 1995, 74th Leg., ch. 779, Sec. 1, eff. Sept. 1, 1995;
Subsec. (c) amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.85(b).
Amended by Acts 1997, 75th Leg., ch. 1434, Sec. 1, eff. Sept. 1,
1997.

Art. 56.48. Judicial Review

(a) Not later than the 40th day after the attorney general renders a
final decision, a claimant or victim may file with the attorney
general a notice of dissatisfaction with the decision. Not later
than the 40th day after the claimant or victim gives notice, the
claimant or victim shall bring suit in the district court having
jurisdiction in the county in which:

(1) the injury or death occurred;

(2) the victim resided at the time the injury or death occurred; or

(3) if the victim resided out of state at the time of the injury or
death, in the county where the injury or death occurred or in a
district court of Travis County.

(b) While judicial review of a decision by the attorney general is
pending, the attorney general:

(1) shall suspend payments to the claimant or victim; and

(2) may not reconsider the award.

(c) The court shall determine the issues by trial de novo. The
burden of proof is on the party who filed the notice of
dissatisfaction.

(d) A court may award not more than 25 percent of the total recovery
by the claimant or victim for attorney fees in the event of review.

(e) In computing a period under this article, if the last day is a
legal holiday or Sunday, the last day is not counted, and the time
is extended to include the next business day.

Art. 56.49. Exemption; Assignability

(a) An award is not subject to execution, attachment, garnishment,
or other process, except that an award is not exempt from a claim of
a creditor to the extent that the creditor provided products,
services, or accommodations, the costs of which are included in the
award.

(b) An assignment or agreement to assign a right to benefits for
loss accruing in the future is unenforceable except:

(1) an assignment of a right to benefits for loss of earnings is
enforceable to secure payment of alimony, maintenance, or child
support; and

(2) an assignment of a right to benefits is enforceable to the
extent that the benefits are for the cost of products, services, or
accommodations:

(A) made necessary by the injury or death on which the claim is
based; and

(B) provided or to be provided by the assignee.

Art. 56.50. Emergency Award

(a) The attorney general may make an emergency award if, before
acting on an application for compensation under this subchapter, it
appears likely that:

(1) a final award will be made; and

(2) the claimant or victim will suffer undue hardship if immediate
economic relief is not obtained.

(b) An emergency award may not exceed $1,500.

(1) deducted from the final award; or

(2) repaid by and recoverable from the claimant or victim to the
extent the emergency award exceeds the final award.

Art. 56.51. Subrogation

If compensation is awarded under this subchapter, the state is
subrogated to all the claimant's or victim's rights to receive or
recover benefits for pecuniary loss to the extent compensation is
awarded from a collateral source.

Art. 56.52. Notice of Private Action

(a) Before a claimant or victim may bring an action to recover
damages related to criminally injurious conduct for which
compensation under this subchapter is claimed or awarded, the
claimant or victim must give the attorney general written notice of
the proposed action. After receiving the notice, the attorney
general shall promptly:

(1) join in the action as a party plaintiff to recover benefits
awarded;

(2) require the claimant or victim to bring the action in the
claimant's or victim's name as a trustee on behalf of the state to
recover benefits awarded; or

(3) reserve the attorney general's rights and do neither in the
proposed action.

(b) If the claimant or victim brings the action as trustee and
recovers compensation awarded by the attorney general, the claimant
or victim may deduct from the benefits recovered on behalf of the
state the reasonable expenses of the suit, including attorney fees,
expended in pursuing the recovery for the state. The claimant or
victim must justify this deduction in writing to the attorney
general on a form provided by the attorney general.

(c) A claimant or victim shall not settle or resolve any such action
without written authorization to do so from the attorney general.
No third party or agents, insurers, or attorneys for third parties
shall participate in the settlement or resolution of such an action
if they actually know, or should know, that the claimant or victim
has received moneys from the fund and is subject to the subrogation
provisions of this article. Any attempt by such third party, or
agents, insurers, or attorneys of third parties to settle an action
is void and shall result in no release from liability to the fund
for any rights subrogated pursuant to this article. All such
agents, insurers, and attorneys are personally liable to the fund
for any moneys paid to a claimant or victim in violation of this
subsection, up to the full amount of the fund's right to
reimbursement. A claimant, victim, third party, or any agents,
attorneys, or insurers of third parties who knowingly or
intentionally fail to comply with the requirements of this chapter
commits a Class B misdemeanor.

(d) A person adjudged guilty of a Class B misdemeanor shall be
punished by:

(1) a fine not to exceed $500;

(2) confinement in jail for a term not to exceed 180 days; or

(3) both such fine and imprisonment.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 6, eff. Sept. 1, 1993.
Amended by Acts 1993, 73rd Leg., ch. 805, Sec. 11, eff. Aug. 30,
1993; Acts 1995, 74th Leg., ch. 76, Sec. 5.84(a), eff. Sept. 1,
1995; Acts 1995, 74th Leg., ch. 779, Sec. 1, eff. Sept. 1, 1995.

Art. 56.53. Annual Report

Annually, the attorney general shall report to the governor and the
legislature on the attorney general's activities, including a
statistical summary of claims and awards made and denied. The
reporting period is the state fiscal year. The attorney general
shall file the report not later than the 100th day after the end of
the fiscal year.

Art. 56.54. Funds

(a) The compensation to victims of crime fund and the compensation
to victims of crime auxiliary fund are in the state treasury.

(b) Except as provided by Subsections (h), (i), (j), and (k) and
Article 56.541, the compensation to victims of crime fund may be
used only by the attorney general for the payment of compensation to
claimants or victims under this subchapter. For purposes of this
subsection, compensation to claimants or victims includes money
allocated from the fund to the Crime Victims' Institute created by
Section 96.65, Education Code, for the operation of the institute
and for other expenses in administering this subchapter. The
institute shall use money allocated from the fund only for the
purposes of Sections 96.65, 96.651, and 96.652, Education Code.

(c) Except as provided by Subsections (h) and (i), the compensation
to victims of crime auxiliary fund may be used by the attorney
general only for the payment of compensation to claimants or
victims under this subchapter.

(d) The attorney general may not make compensation payments in
excess of the amount of money available from the combined funds.

(e) General revenues may not be used for payments under this
subchapter.

(f) The office of the attorney general is authorized to accept
gifts, grants, and donations to be credited to the compensation to
victims of crime fund and compensation to victims of crime
auxiliary fund and shall file annually with the governor and the
presiding officer of each house of the legislature a complete and
detailed written report accounting for all gifts, grants, and
donations received and disbursed, used, or maintained by the office
for the attorney general that are credited to these funds.

(g) Money in the compensation to victims of crime fund or in the
compensation to victims of crime auxiliary fund may be used only as
provided by this subchapter and is not available for any other
purpose. Section 403.095, Government Code, does not apply to the
fund.

(h) An amount of money deposited to the credit of the compensation
to victims of crime fund not to exceed one-quarter of the amount
disbursed from that fund in the form of compensation payments
during a fiscal year shall be carried forward into the next
succeeding fiscal year and applied toward the amount listed in the
next succeeding fiscal year's method of financing.

(i) If the sums available in the compensation to victims of crime
fund are sufficient in a fiscal year to make all compensation
payments, the attorney general may retain any portion of the fund
that was deposited during the fiscal year that was in excess of
compensation payments made during that fiscal year as an emergency
reserve for the next fiscal year. Such emergency reserve may not
exceed $10,000,000. The emergency reserve fund may be used only to
make compensation awards in claims and for providing emergency
relief and assistance, including crisis intervention, emergency
housing, travel, food, or expenses and technical assistance
expenses incurred in the implementation of this subsection in
incidents resulting from an act of mass violence or from an act of
international terrorism as defined by 18 U.S.C. Section 2331,
occurring in the state or for Texas residents injured or killed in
an act of terrorism outside of the United States.

(j) The legislature may appropriate money in the compensation to
victims of crime fund to administer the associate judge program
under Subchapter C, Chapter 201, Family Code.

(k) The attorney general may use the compensation to victims of
crime fund to reimburse a law enforcement agency for the reasonable
costs of a medical examination that are incurred by the agency under
Article 56.06.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 6, eff. Sept. 1, 1993.
Amended by Acts 1993, 73rd Leg., ch. 805, Sec. 1, eff. Aug. 30,
1993; Acts 1995, 74th Leg., ch. 76, Sec. 5.84(a), eff. Sept. 1,
1995; Acts 1995, 74th Leg., ch. 779, Sec. 1, eff. Sept. 1, 1995;
Subsec. (b) amended by Acts 1997, 75th Leg., ch. 1042, Sec. 2, eff.
Sept. 1, 1997; Subsec. (h) added by Acts 1997, 75th Leg., ch. 1042,
Sec. 1, eff. June 19, 1997. Amended by Acts 1997, 75th Leg., ch.
1434, Sec. 1, eff. Sept. 1, 1997; Subsec. (j) added by Acts 1999,
76th Leg., ch. 1302, Sec. 13, eff. Sept. 1, 1999; Subsec. (b)
amended by Acts 2001, 77th Leg., ch. 1507, Sec. 2, eff. June 15,
2001; Subsec. (k) added by Acts 2001, 77th Leg., ch. 1507, Sec. 3,
eff. June 15, 2001; Subsec. (b) amended by Acts 2003, 78th Leg.,
ch. 927, Sec. 2, eff. Sept. 1, 2003.

Art. 56.541. Appropriation of Excess Money for Other Crime Victim
Assistance

(a) Not later than December 15 of each even-numbered year, the
attorney general, after consulting with the comptroller, shall
prepare forecasts and certify estimates of:

(1) the amount of money that the attorney general anticipates will
be received from deposits made to the credit of the compensation to
victims of crime fund during the next state fiscal biennium, other
than deposits of:

(A) gifts, grants, and donations; and

(B) money received from the United States;

(2) the amount of money from the fund that the attorney general
anticipates will be obligated during the next state fiscal biennium
to comply with this chapter; and

(3) the amount of money in the fund that the attorney general
anticipates will remain unexpended at the end of the current state
fiscal year and that is available for appropriation in the next
state fiscal biennium.

(b) At the time the attorney general certifies the estimates made
under Subsection (a), the attorney general shall also certify for
the next state fiscal biennium the amount of excess money in the
compensation to victims of crime fund for purposes of Subsection
(c), calculated by multiplying the amount estimated under
Subsection (a)(2) by 120 percent, and subtracting that product from
the sum of the amounts estimated under Subsections (a)(1) and
(a)(3).

(c) For a state fiscal biennium, the legislature may appropriate
from the compensation to victims of crime fund the amount of excess
money in the fund certified for the biennium under Subsection (b) to
state agencies that deliver or fund victim-related services or
assistance.

(d) The attorney general and the comptroller shall cooperate in
determining the proper allocation of the various sources of revenue
deposited to the credit of the compensation to victims of crime fund
for purposes of this article.

(e) The attorney general may use money appropriated from the
compensation to victims of crime fund for grants or contracts
supporting victim-related services or assistance, including
support for private Texas nonprofit corporations that provide
victim-related civil legal services directly to victims, immediate
family members of victims, or claimants. A grant supporting
victim-related services or assistance is governed by Chapter 783,
Government Code.

(f) The attorney general shall adopt rules necessary to carry out
this article.

Added by Acts 1997, 75th Leg., ch. 1042, Sec. 3, eff. Sept. 1, 1997.
Subsec. (e) amended by Acts 1999, 76th Leg., ch. 1077, Sec. 1, eff.
Aug. 30, 1999.

Art. 56.542. Payments for Certain Disabled Peace Officers

(a) In this article, "peace officer":

(1) means an individual elected, appointed, or employed to serve as
a peace officer for a governmental entity under Article 2.12 or
other law; and

(2) includes a former peace officer who because of an injury
suffered while performing duties as a peace officer is entitled to
receive payments under this article.

(b) If a peace officer employed by the state or a local governmental
entity in this state sustains an injury as a result of criminally
injurious conduct on or after September 1, 1989, in the performance
of the officer's duties as a peace officer and presents evidence
satisfactory to the attorney general that the officer's condition
is a total disability resulting in permanent incapacity for work
and that the total disability has persisted for more than 12 months,
the officer is entitled to an annual payment equal to the difference
between:

(1) any amounts received by the officer on account of the injury or
disability from other sources of income, including settlements
related to the injury or disability, insurance benefits, federal
disability benefits, workers' compensation benefits, and benefits
from another governmental entity, if those amounts do not exceed
the amount described by Subdivision (2); and

(2) an amount equal to the officer's average annual salary during
the officer's final three years as a peace officer.

(c) The amount of the payment under Subsection (b) is subject to an
annual cost-of-living adjustment computed by the attorney general.
The attorney general shall compute the amount of the cost-of-living
adjustment by multiplying the amount of the annual payment received
by the peace officer under this section during the previous year
times the percentage by which the Consumer Price Index for All Urban
Consumers published by the Bureau of Labor Statistics of the United
States Department of Labor, or its successor index, increased
during the previous calendar year.

(d) The attorney general shall compute the amount of an initial
payment based on an injury suffered after September 1, 1989, by:

(1) computing the amount to which the officer is entitled under
Subsection (b); and

(2) adding to that amount the cumulative successive cost-of-living
adjustments for the intervening years computed from the date of the
injury.

(e) To receive a payment under this section, a peace officer must
furnish to the attorney general:

(1) proof that the injury was sustained in the performance of the
applicant's duties as a peace officer and is a total disability
resulting in permanent incapacity for work; and

(2) other information or evidence the attorney general requires.

(f) The attorney general may approve the application without a
hearing or may conduct a hearing under Article 56.40. The decision
of the attorney general is subject to judicial review under Article
56.48.

(g) The attorney general may appoint a panel of physicians to
periodically review each application for assistance under this
article to ensure the validity of the application and the necessity
of continued assistance to the peace officer.

(h) The attorney general shall notify the comptroller of the
attorney general's determination that a claim under this section is
valid and justifies payment. On receipt of the notice, the
comptroller shall issue a warrant to or in behalf of the claimant in
the proper amount from amounts in the compensation to victims of
crime fund. A payment under this section to or in behalf of a peace
officer is payable as soon as possible after the attorney general
notifies the comptroller.

(i) The attorney general and the comptroller by rule shall adopt a
memorandum of understanding to establish procedures under which
annual payments continue to a peace officer until continued
assistance is no longer necessary.

(j) Article 56.37 does not apply to the filing of an application
under this article. Other provisions of this chapter apply to this
article to the extent applicable and consistent with this article.

(k) The limits on compensation imposed by Article 56.42 do not apply
to payments made under this article, but the total aggregate amount
of all annual payments made to an individual peace officer under
this section may not exceed $200,000.

Added by Acts 2001, 77th Leg., ch. 1512, Sec. 2, eff. Sept. 1, 2001.

Art. 56.55. Court Costs

(a) A person shall pay:

(1) $45 as a court cost on conviction of a felony;

(2) $35 as a court cost on conviction of a violation of a municipal
ordinance punishable by a fine of more than $200 or on conviction of
a misdemeanor punishable by imprisonment or by a fine of more than
$500; or

(3) $15 as a court cost on conviction of a violation of a municipal
ordinance punishable by a fine of not more than $200 or on
conviction of a misdemeanor punishable by a fine of not more than
$500, other than a conviction of a misdemeanor offense or a
violation of a municipal ordinance relating to pedestrians and the
parking of motor vehicles.

(b) The court shall assess and make a reasonable effort to collect
the cost due under this article whether any other court cost is
assessed or collected.

(1) a sentence is imposed;

(2) the defendant receives probation or deferred adjudication; or

(3) the court defers final disposition of the case.

(d) Court costs under this article are collected in the same manner
as other fines or costs.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 6, eff. Sept. 1, 1993.
Amended by Acts 1993, 73rd Leg., ch. 805, Sec. 5, eff. Aug. 30,
1993; Acts 1995, 74th Leg., ch. 76, Sec. 5.84(a), eff. Sept. 1,
1995; Acts 1995, 74th Leg., ch. 779, Sec. 1, eff. Sept. 1, 1995.

Art. 56.56. Deposit and Remittance of Court Costs

(a) The officer collecting the costs in a municipal court case shall
keep separate records of the funds collected as costs under Article
56.55 and shall deposit the funds in the municipal treasury. The
officer collecting the costs in a justice, county, or district
court case shall keep separate records of the funds collected as
costs under Article 56.55 and shall deposit the funds in the county
treasury.

(b) The custodian of a municipal or county treasury shall:

(1) keep records of the amount of funds on deposit collected under
Article 56.55; and

(2) send to the comptroller before the last day of the first month
following each calendar quarter the funds collected during the
preceding quarter.

(c) A municipality or county may retain 10 percent of the funds
collected under Article 56.55 as a collection fee if the custodian
of the treasury:

(1) keeps records of the amount of funds on deposit collected under
Article 56.55; and

(2) sends to the comptroller the funds within the period prescribed
by Subsection (b)(2).

(d) If no funds due as costs under Article 56.55 are collected by a
custodian of a municipal or county treasury in a quarter, the
custodian shall file the report required for the quarter in the
regular manner and must state that no funds were collected.

Art. 56.57. Deposit by Comptroller; Audit

(a) The comptroller shall deposit the funds received under Article
56.56 and all other moneys credited to the fund by any other
provision of law in the compensation to victims of crime fund.

(b) Funds collected are subject to audit by the comptroller. Funds
spent are subject to audit by the state auditor.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 6, eff. Sept. 1, 1993.
Amended by Acts 1993, 73rd Leg., ch. 805, Sec. 2, eff. Aug. 30,
1993; Acts 1995, 74th Leg., ch. 76, Sec. 5.84(a), eff. Sept. 1,
1995; Acts 1995, 74th Leg., ch. 779, Sec. 1, eff. Sept. 1, 1995.

Art. 56.58. Adjustment of Awards and Payments

(a) The attorney general shall establish a policy to adjust awards
and payments so that the total amount of awards granted in each
calendar year does not exceed the amount of money credited to the
fund during that year.

(b) If the attorney general establishes a policy to adjust awards
under Subsection (a), the attorney general, the claimant, or the
victim is not liable for the amount of charges incurred in excess of
the adjusted amount for the service on which the adjusted payment is
determined.

(c) A service provider who accepts a payment that has been adjusted
by a policy established under Subsection (a) agrees to accept the
adjusted payment as payment in full for the service and is barred
from legal action against the claimant or victim for collection.

Art. 56.59. Attorney General Supervision of Collection of Costs;
Failure to Comply

(a) If the attorney general has reason to believe that a court has
not been assessing costs due under Article 56.55 or has not been
making a reasonable effort to collect those costs, the attorney
general shall send a warning letter to the court or the governing
body of the governmental unit in which the court is located.

(b) Within 60 days after receipt of a warning letter, the court or
governing body shall respond in writing to the attorney general,
specifically referring to the charges in the warning letter.

(c) If the court or governing body does not respond or if the
attorney general considers the response inadequate, the attorney
general may request the comptroller to audit the records of:

(1) the court;

(2) the officer charged with collecting the costs; or

(3) the treasury of the governmental unit in which the court is
located.

(d) The comptroller shall give the attorney general the results of
the audit.

(e) If, using the results of the audit and other evidence available,
the attorney general finds that a court is not assessing costs due
under Article 56.55 or is not making a reasonable effort to collect
those costs, the attorney general may:

(1) refuse to award compensation under this subchapter to residents
of the jurisdiction served by the court; or

(2) notify the State Commission on Judicial Conduct of the
findings.

(f) The failure, refusal, or neglect of a judicial officer to comply
with a requirement of Article 56.55:

(1) constitutes official misconduct; and

(2) is grounds for removal from office.

Art. 56.60. Public Notice

(a) A hospital licensed under the laws of this state shall display
prominently in its emergency room posters giving notification of
the existence and general provisions of this subchapter. The
attorney general shall set standards for the location of the
display and shall provide posters, application forms, and general
information regarding this subchapter to each hospital and
physician licensed to practice in this state.

(b) Each local law enforcement agency shall inform a claimant or
victim of criminally injurious conduct of the provisions of this
subchapter and make application forms available. The attorney
general shall provide application forms and all other documents
that local law enforcement agencies may require to comply with this
article. The attorney general shall set standards to be followed by
local law enforcement agencies for this purpose and may require
them to file with the attorney general a description of the
procedures adopted by each agency to comply.

Art. 56.61. Compensation for Certain Criminally Injurious Conduct
Prohibited

The attorney general may not award compensation for economic loss
arising from criminally injurious conduct that occurred before
January 1, 1980.

Art. 56.62. Public Letter of Reprimand

(a) The attorney general may issue a letter of reprimand against an
individual if the attorney general finds that the person has filed
or has caused to be filed under this subchapter an application for
benefits or claim for pecuniary loss that contains a statement or
representation that the person knows to be false.

(b) The attorney general must give the person notice of the proposed
action before issuing the letter.

(c) A person may challenge the denial of compensation and the
issuance of a letter of reprimand in a contested case hearing under
Chapter 2001, Government Code (Administrative Procedure Act).

(d) A letter of reprimand issued under this article is public
information.

Added by Acts 1995, 74th Leg., ch. 779, Sec. 1, eff. Sept. 1, 1995.

Art. 56.63. Civil Penalty

(a) A person is subject to a civil penalty of not less than $2,500 or
more than $25,000 for each application for compensation that:

(1) is filed under this subchapter by the person or is filed under
this subchapter as a result of conduct of the person; and

(2) contains a material statement or representation that the person
knows to be false.

(b) The attorney general shall institute and conduct the suit to
collect the civil penalty authorized by this article on behalf of
the state.

(c) A civil penalty recovered under this article shall be deposited
to the credit of the compensation to victims of crime fund.

(d) The civil penalty authorized by this article is in addition to
any other civil, administrative, or criminal penalty provided by
law.

(e) In addition to the civil penalty authorized by this article, the
attorney general may recover expenses incurred by the attorney
general in the investigation, institution, and prosecution of the
suit, including investigative costs, witness fees, attorney's
fees, and deposition expenses.

Added by Acts 1995, 74th Leg., ch. 779, Sec. 1, eff. Sept. 1, 1995.

Art. 56.64. Administrative Penalty

(a) A person who presents to the attorney general under this
subchapter, or engages in conduct that results in the presentation
to the attorney general under this subchapter of, an application
for compensation under this subchapter that contains a statement or
representation the person knows to be false is liable to the
attorney general for:

(1) the amount paid in reliance on the application and interest on
that amount determined at the rate provided by law for legal
judgments and accruing from the date on which the payment was made;

(2) payment of an administrative penalty not to exceed twice the
amount paid because of the false application for benefits or claim
for pecuniary loss; and

(3) payment of an administrative penalty of not more than $10,000
for each item or service for which payment was claimed.

(b) In determining the amount of the penalty to be assessed under
Subsection (a)(3), the attorney general shall consider:

(1) the seriousness of the violation;

(2) whether the person has previously submitted a false application
for benefits or a claim for pecuniary loss; and

(3) the amount necessary to deter the person from submitting future
false applications for benefits or claims for pecuniary loss.

(c) If the attorney general determines that a violation has
occurred, the attorney general may issue a report that states the
facts on which the determination is made and the attorney general's
recommendation on the imposition of a penalty, including a
recommendation on the amount of the penalty.

(d) The attorney general shall give written notice of the report to
the person. Notice under this subsection may be given by certified
mail and must:

(1) include a brief summary of the alleged violation;

(2) include a statement of the amount of the recommended penalty;
and

(3) inform the person of the right to a hearing on:

(A) the occurrence of the violation;

(B) the amount of the penalty; or

(e) Not later than the 20th day after the date the person receives
the notice, the person, in writing, may:

(1) accept the attorney general's determination and recommended
penalty; or

(2) request in writing a hearing on:

(A) the occurrence of the violation;

(B) the amount of the penalty; or

(f) If the person accepts the determination and recommended penalty
of the attorney general, the attorney general by order shall
approve the determination and impose the recommended penalty.

(g) If the person requests a hearing as provided by Subsection (e)
or fails to respond to the notice in a timely manner, the attorney
general shall set a contested case hearing under Chapter 2001,
Government Code (Administrative Procedure Act), and notify the
person of the hearing. The administrative law judge shall make
findings of facts and conclusions of law and promptly issue to the
attorney general a proposal for a decision regarding the occurrence
of the violation and the amount of a proposed penalty. Based on the
findings of fact, conclusions of law, and proposal for a decision,
the attorney general by order may:

(1) find that a violation has occurred and impose a penalty; or

(2) find that a violation has not occurred.

(h) Notice of the attorney general's order given to the person under
Chapter 2001, Government Code, must include a statement of the
right of the person to judicial review of the order.

(i) Not later than the 30th day after the date that the attorney
general's order is final under Section 2001.144, Government Code,
the person shall:

(1) pay the amount of the penalty;

(2) pay the amount of the penalty and file a petition for judicial
review contesting:

(A) the occurrence of the violation;

(B) the amount of the penalty; or

(3) without paying the amount of the penalty, file a petition for
judicial review contesting:

(A) the occurrence of the violation;

(B) the amount of the penalty; or

(j) Within the 30-day period, a person who acts under Subsection
(i)(3) may:

(1) stay enforcement of the penalty by:

(A) paying the amount of the penalty to the court for placement in
an escrow account; or

(B) giving to the court a supersedeas bond that is approved by the
court for the amount of the penalty and that is effective until all
judicial review of the attorney general's order is final; or

(2) requ

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