reglab/statecodes huggingface dataset:
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 56A - Rights of Crime Victims › Subchapter M. Other Powers and Duties of Department and Clearinghouse › Article 56A.604. Crime Victim Assistance Standards

The 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 attorneys in performing duties imposed by this chapter, Chapter 56B, and Subchapter B, Chapter 58.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.05, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 56B - Crime Victims' Compensation › Subchapter A. General Provisions › Article 56B.001. Short Title

This chapter may be cited as the Crime Victims' Compensation Act.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.06, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 56B - Crime Victims' Compensation › Subchapter A. General Provisions › Article 56B.002. Legislative Findings and Intent

(a)  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 to compensate crime victims and those who suffer personal injury or death in the prevention of crime or in the apprehension of criminals.
(b)  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 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.06, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 56B - Crime Victims' Compensation › Subchapter A. General Provisions › Article 56B.0035. Criminally Injurious Conduct

(a)  For purposes of this chapter, criminally injurious conduct includes the solicitation or patronization of forced labor or services, including sexual conduct, by any person if the solicitation or patronization occurs in connection with a scheme or course of conduct that constitutes the trafficking of persons.
(b)  A victim of criminally injurious conduct described by Subsection (a) is a trafficking victim for the purposes of grant programs administered by the office of the governor.
Added by Acts 2023, 88th Leg., R.S., Ch. 392 (H.B. 844), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 56B - Crime Victims' Compensation › Subchapter A. General Provisions › Article 56B.004. Administration; Rules

(a)  The attorney general shall adopt rules consistent with this chapter 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, Chapter 56A, and Subchapter B, Chapter 58.
(b)  Subchapters A and B, Chapter 2001, Government Code, except Sections 2001.004(3) and 2001.005, apply to the attorney general.
(c)  The attorney general may delegate to a person in the attorney general's office a power or duty given to the attorney general under this chapter.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.06, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 56B - Crime Victims' Compensation › Subchapter A. General Provisions › Article 56B.005. Annual Report

Not later than the 100th day after the end of each state fiscal year, the attorney general shall submit to the governor and the legislature a report on the attorney general's activities during the preceding fiscal year, including a statistical summary of claims and awards made and denied.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.06, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 56B - Crime Victims' Compensation › Subchapter A. General Provisions › Article 56B.006. Public Notice

(a)  A hospital licensed under the laws of this state shall display prominently in its emergency room posters giving notice of the existence and general provisions of this chapter.
(b)  The attorney general shall:
(1)  set standards for the location of the posters described by Subsection (a); and
(2)  provide posters, application forms, and general information regarding this chapter to each hospital and physician licensed to practice in this state.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.06, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 56B - Crime Victims' Compensation › Subchapter A. General Provisions › Article 56B.007. Notice by Local Law Enforcement Agency

(a)  Each local law enforcement agency shall inform a claimant or victim of the provisions of this chapter and make application forms available.
(b)  The attorney general:
(1)  shall:
(A)  provide application forms and all other documents that a local law enforcement agency may require to comply with this article; and
(B)  set standards to be followed by a local law enforcement agency to comply with this article; and
(2)  may require a local law enforcement agency to file with the attorney general a description of the procedures adopted by the agency to comply with this article.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.06, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 56B - Crime Victims' Compensation › Subchapter B. Application and Review › Article 56B.051. Application for Compensation

(a)  An applicant for compensation under this chapter must apply in writing on a form prescribed by the attorney general.
(b)  An application for compensation under this chapter must be verified and 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 the expenses under Paragraph (A) from a collateral source;
(4)  a statement indicating the extent of any disability resulting from the injury incurred;
(5)  an authorization permitting the attorney general to verify the contents of the application; and
(6)  any other information the attorney general requires.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.06, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 56B - Crime Victims' Compensation › Subchapter B. Application and Review › Article 56B.052. Period for Filing Application

(a)  Except as otherwise provided by this article, a claimant or victim must file an application not later than the third anniversary of 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 not later than the third anniversary of the date the claimant or victim is made aware of the offense, but not after the child attains 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.
(e)  For a claim that is based on criminally injurious conduct in violation of Chapter 19, Penal Code, the claimant must file an application not later than the third anniversary of the date the identity of the victim is established by a law enforcement agency.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.06, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 56B - Crime Victims' Compensation › Subchapter B. Application and Review › Article 56B.053. Reporting of Offense Required

(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, but not so late as to interfere with or hamper the investigation and prosecution of the offense 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.
(c)  Subsection (a) does not apply if the victim is a child.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.06, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 56B - Crime Victims' Compensation › Subchapter B. Application and Review › Article 56B.054. Review and Investigation of Application

(a)  The attorney general shall appoint a clerk to review each application for compensation described by Article 56B.051 to ensure the application is complete.
(b)  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 56B.051.
(c)  The clerk shall return to the claimant or victim any application that is incomplete and shall provide a brief statement showing the additional information required.  Not later than the 30th day after the date of receiving a returned application, a claimant or victim may:
(1)  provide the additional information; or
(2)  appeal the action to the attorney general, who shall review the application to determine whether the application is complete.
(d)  The attorney general may investigate an application.
(e)  As part of the attorney general's review, verification, and hearing duties under this chapter, 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)  as provided by Article 56B.055 and if the mental, physical, or emotional condition of a claimant or victim is material to the claim, order:
(A)  a claimant or victim to submit to a mental or physical examination by a physician or psychologist; or
(B)  an autopsy of a deceased victim.
(f)  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, to allow the attorney general to determine whether a claimant or victim qualifies for an award and the extent of the qualification.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.06, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 56B - Crime Victims' Compensation › Subchapter B. Application and Review › Article 56B.055. Mental or Physical Examination; Autopsy

(a)  For good cause shown, an order for a mental or physical examination or an autopsy as provided by Article 56B.054(e)(2) may be made on notice to the individual to be examined and, if applicable, to each person who has appeared at a hearing under Article 56B.056.
(b)  An order under Subsection (a) must:
(1)  specify the time, place, manner, conditions, and scope of the examination or autopsy;
(2)  specify the person who is to perform the examination or autopsy; and
(3)  require the person performing the examination or autopsy to file with the attorney general a detailed written report of the examination or autopsy.
(c)  A report must set out the findings of the person performing the examination or autopsy, including:
(1)  the results of any test performed; and
(2)  any diagnosis, prognosis, or other conclusion or report of an earlier examination of the same condition.
(d)  On request of the individual examined, the attorney general shall provide to the individual a copy of the report.  If the victim is deceased, the attorney general on request shall provide to the claimant a copy of the report.
(e)  A physician or psychologist performing an examination or autopsy under this article shall be compensated from money appropriated for the administration of this chapter.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.06, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 56B - Crime Victims' Compensation › Subchapter B. Application and Review › Article 56B.056. Hearings and Prehearing Conferences

(a)  The attorney general shall determine whether a hearing on an application for compensation under this chapter is necessary.
(b)  On determining that a hearing is not necessary, the attorney general may approve the application in accordance with Article 56B.057.
(c)  On determining that a hearing is necessary or on request for a hearing by the claimant or victim, 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 later than the 10th day before the date of the hearing.
(d)  At the hearing the attorney general shall:
(1)  review the application for compensation and any report prepared under Article 56B.055 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 chapter.
(f)  A hearing or prehearing conference is open to the public unless the hearing officer or attorney general determines in a particular case that all or part of the hearing or conference should be held in private because a criminal suspect has not been apprehended or because a private hearing or conference 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, except that the attorney general may make an emergency award under Article 56B.102.
(h)  Subchapters C through H, Chapter 2001, Government Code, do not apply to the attorney general or the attorney general's orders and decisions.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.06, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 56B - Crime Victims' Compensation › Subchapter B. Application and Review › Article 56B.057. Approval of Application

(a)  The attorney general shall approve an application for compensation under this chapter if the attorney general finds by a preponderance of the evidence that grounds for compensation under this chapter exist.
(b)  The attorney general shall deny an application for compensation under this chapter if:
(1)  the criminally injurious conduct is not reported as provided by Article 56B.053;
(2)  the application is not made in the manner provided by Articles 56B.051 and 56B.052;
(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)  Subsection (b)(3) does not apply to a claimant or victim who seeks compensation for criminally injurious conduct that is:
(1)  in violation of Section 20A.02(a)(7), Penal Code; or
(2)  trafficking of persons, other than an offense described by Subdivision (1), if the criminally injurious conduct the claimant or victim participated in was the result of force, fraud, or coercion.
(d)  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 a family member of the offender; or
(2)  resides in the same household as the offender.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.06, eff. January 1, 2021.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 49 (S.B. 49), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 56B - Crime Victims' Compensation › Subchapter B. Application and Review › Article 56B.058. Disclosure and Use of Information

(a)  This article does not apply to information made confidential by law.
(b)  An application for compensation under this chapter and any information, document, summary, or other record provided to or received, maintained, or created by the attorney general under this chapter is:
(1)  except as provided by Section 552.132(c), Government Code, not subject to disclosure under Chapter 552 of that code; and
(2)  except as provided by Subsection (c), not subject to disclosure, discovery, subpoena, or other means of legal compulsion for release.
(c)  The attorney general may not release or disclose an application for compensation under this chapter, or any information, document, summary, or other record provided to or received, maintained, or created by the attorney general under this chapter, except:
(1)  by court order for good cause shown, if the order includes a finding that the information is not available from any other source;
(2)  with the consent of:
(A)  the claimant or victim; or
(B)  the person that provided the information to the attorney general;
(3)  to an employee or other person under the direction of the attorney general;
(4)  to another crime victims' compensation program that meets the requirements of 34 U.S.C. Section 20102(b);
(5)  to a person authorized by the attorney general to receive the information to:
(A)  conduct an audit as required by state or federal law;
(B)  provide a review or examination under Article 56B.054 or 56B.055 or under another provision of this chapter to determine the appropriateness of an award under this chapter;
(C)  prevent, deter, or punish fraud related to this chapter; or
(D)  assert subrogation or restitution rights;
(6)  as the attorney general determines necessary to enforce this chapter, including presenting the application, information, document, summary, or record in court; or
(7)  in response to a subpoena that is issued in a criminal proceeding and that requests an application for compensation under this chapter, subject to Subsection (d).
(d)  In responding to a subpoena described by Subsection (c)(7), the attorney general shall release only the victim's completed application form as described by Article 56B.051(a) after redacting any confidential information described by Section 552.132(b), Government Code.  The release of a victim's completed application form under this subsection does not affect the authority of the court to order the release or disclosure of additional information under this article.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.06, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 56B - Crime Victims' Compensation › Subchapter C. Award of Compensation › Article 56B.101. Types of Assistance

(a)  On approving an application for compensation under Article 56B.057, the attorney general shall determine the type of state assistance that will best aid the claimant or victim.
(b)  The attorney general may:
(1)  authorize a cash payment 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.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.06, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 56B - Crime Victims' Compensation › Subchapter C. Award of Compensation › Article 56B.102. Emergency Award

(a)  Before acting on an application for compensation under this chapter, the attorney general may make an emergency award if 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.
(c)  The amount of an emergency award must be:
(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.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.06, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 56B - Crime Victims' Compensation › Subchapter C. Award of Compensation › Article 56B.103. Compensation for Pecuniary Loss

(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 chapter 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.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.06, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 56B - Crime Victims' Compensation › Subchapter C. Award of Compensation › Article 56B.104. Compensation for Health Care Services

(a)  The attorney general shall award compensation for health care services according to the medical fee guidelines prescribed by Subtitle A, Title 5, Labor Code.
(b)  The attorney general, a claimant, or a victim is not liable for health care service charges that exceed 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.
(c)  The attorney general may not compensate a claimant or victim for health care services that the attorney general determines are not medically necessary.
(d)  The attorney general, a claimant, or a victim is not liable for a charge that is not medically necessary.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.06, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 56B - Crime Victims' Compensation › Subchapter C. Award of Compensation › Article 56B.105. Compensation for Certain Criminally Injurious Conduct Prohibited

(a)  Except as provided by Subsection (b), the attorney general may not award compensation for pecuniary loss arising from criminally injurious conduct that occurred before January 1, 1980.
(b)  The attorney general may award compensation for pecuniary loss arising from criminally injurious conduct that occurred before January 1, 1980, if:
(1)  the conduct was in violation of Chapter 19, Penal Code;
(2)  the identity of the victim is established by a law enforcement agency on or after January 1, 2009; and
(3)  the claimant files the application for compensation within the limitations period provided by Article 56B.052(e).
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.06, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 56B - Crime Victims' Compensation › Subchapter C. Award of Compensation › Article 56B.107. Denial or Reduction of Award

(a)  Except as otherwise provided by this article, 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, as a result of the claimant's or victim's behavior, the claimant or victim bears a share of the responsibility for the act or omission giving rise to the claim;
(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, including a rule.
(b)  Subsection (a)(4) does not apply to a claimant or victim who seeks compensation for criminally injurious conduct that is:
(1)  in violation of Section 20A.02(a)(7), Penal Code; or
(2)  trafficking of persons, other than an offense described by Subdivision (1), if the activity the claimant or victim engaged in was the result of force, fraud, or coercion.
(c)  The attorney general may not deny or reduce an award under Subsection (a)(1) based on the interactions of the claimant or victim with a law enforcement agency at the crime scene or hospital unless the attorney general finds that the claimant or victim, subsequent to the claimant's or victim's interactions at the crime scene or hospital, failed or refused to substantially cooperate with the law enforcement agency.
(d)  For purposes of Subsection (a)(1), a victim receiving a forensic medical examination constitutes sufficient evidence that a victim has substantially cooperated with an investigation of a sexual assault or other sex offense.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.06, eff. January 1, 2021.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 860 (S.B. 957), Sec. 1, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 206 (S.B. 1401), Sec. 14, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 56B - Crime Victims' Compensation › Subchapter C. Award of Compensation › Article 56B.108. Reconsideration

(a)  On the attorney general's own motion or on request of a claimant or victim, the attorney general 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.
(c)  On reconsideration, the attorney general may order the refund of an award if:
(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 56B.057 or 56B.107.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.06, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 56B - Crime Victims' Compensation › Subchapter C. Award of Compensation › Article 56B.109. Compensation for Certain Survivors of Members of Texas Military Forces

(a)  In this article, "state active duty," "Texas military forces," and "Texas National Guard" have the meanings assigned by Section 437.001, Government Code.
(b)  The attorney general shall award a lump sum payment in accordance with Subsection (c) to a claimant on behalf of an individual who is a victim of border crime and a member of the Texas military forces if:
(1)  the individual died on or after March 6, 2021, but before September 1, 2023, while on state active duty;
(2)  the individual's death was in connection with operations initiated to address criminal activity in the border region; and
(3)  the claimant is:
(A)  if the individual is a member of the Texas National Guard, a beneficiary designated by the individual on the individual's United States Department of Defense Form DD-93; or
(B)  if the individual is not a member of the Texas National Guard or there is no beneficiary described by Paragraph (A):
(i)  the surviving spouse of the individual;
(ii)  a surviving child of the individual, if there is no surviving spouse; or
(iii)  the surviving parent of the individual, if there is no surviving spouse or child.
(c)  For purposes of Subsection (b), the lump sum payment amount payable to an eligible claimant is:
(1)  if there is a claimant described by Subsection (b)(3)(A) or (B)(i), $500,000 paid to the claimant; or
(2)  if there is no claimant described by Subsection (b)(3)(A) or (B)(i), $500,000, in equal shares:
(A)  paid to each claimant described by Subsection (b)(3)(B)(ii); or
(B)  paid to each claimant described by Subsection (b)(3)(B)(iii) if there is no claimant described by Subsection (b)(3)(B)(ii).
(d)  This article may not be construed to limit the assistance or compensation a claimant may otherwise receive under this chapter.
(e)  For purposes of this article, a beneficiary designated by an individual on the individual's United States Department of Defense Form DD-93 is a "claimant."
Added by Acts 2023, 88th Leg., R.S., Ch. 660 (H.B. 90), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 56B - Crime Victims' Compensation › Subchapter D. Payment of Award › Article 56B.151. Method of Payment

The attorney general may pay an award in a lump sum or in installments as provided by this subchapter.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.06, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 56B - Crime Victims' Compensation › Subchapter D. Payment of Award › Article 56B.152. Payment for Pecuniary Loss Accrued at Time of Award

The attorney general shall pay in a lump sum the part of an award equal to the amount of pecuniary loss accrued to the date of the award.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.06, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 56B - Crime Victims' Compensation › Subchapter D. Payment of Award › Article 56B.153. Payment for Pecuniary Loss Accrued After Time of Award

(a)  Except as provided by Subsection (b), the attorney general shall pay in installments the part of an award for allowable expenses that accrue after the award is made.
(b)  At the request of the claimant or victim, the attorney general may pay in a lump sum an award for future pecuniary loss 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 pay in installments an award for future pecuniary loss for a period for which the attorney general cannot reasonably determine the future pecuniary loss.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.06, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 56B - Crime Victims' Compensation › Subchapter D. Payment of Award › Article 56B.154. Recipient of Payment

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.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.06, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 56B - Crime Victims' Compensation › Subchapter E. General Provisions Relating to Payment › Article 56B.201. 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 compensation to victims of crime fund during that year.
(b)  On the establishment of a policy under Subsection (a), the attorney general, the claimant, or the victim is not liable for the amount of incurred charges exceeding 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.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.06, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 56B - Crime Victims' Compensation › Subchapter E. General Provisions Relating to Payment › Article 56B.202. Subrogation

If compensation is awarded under this chapter, 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.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.06, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 56B - Crime Victims' Compensation › Subchapter E. General Provisions Relating to Payment › Article 56B.203. Award Not Subject to Execution

(a)  Except as provided by Subsection (b), an award is not subject to execution, attachment, garnishment, or other process.
(b)  An award is not exempt from a claim of a creditor to the extent that the creditor provided a product, service, or accommodation, the cost of which is included in the award.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.06, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 56B - Crime Victims' Compensation › Subchapter E. General Provisions Relating to Payment › Article 56B.204. Assignment of Benefits for Loss Accruing in Future

(a)  Except as provided by Subsections (b) and (c), an assignment of or agreement to assign a right to benefits for loss accruing in the future is unenforceable.
(b)  An assignment of a right to benefits for loss of earnings is enforceable to secure payment of alimony, maintenance, or child support.
(c)  An assignment of a right to benefits is enforceable to the extent that the benefits are for the cost of a product, service, or accommodation:
(1)  made necessary by the injury or death on which the claim is based; and
(2)  provided or to be provided by the assignee.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.06, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 56B - Crime Victims' Compensation › Subchapter F. Payments for Certain Disabled Peace Officers › Article 56B.251. Definition

In this subchapter, "peace officer" means an individual elected, appointed, or employed to serve as a peace officer for a governmental entity under Article 2.12 or other law.  The term includes a former peace officer who is entitled to receive payments under this subchapter because of an injury suffered while performing duties as a peace officer.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.06, eff. January 1, 2021.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.032, eff. January 1, 2025.
Text of article effective on January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 56B - Crime Victims' Compensation › Subchapter F. Payments for Certain Disabled Peace Officers › Article 56B.251. Definition

In this subchapter, "peace officer" means an individual elected, appointed, or employed to serve as a peace officer for a governmental entity under Article 2A.001 or other law.  The term includes a former peace officer who is entitled to receive payments under this subchapter because of an injury suffered while performing duties as a peace officer.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.06, eff. January 1, 2021.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.032, eff. January 1, 2025.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 56B - Crime Victims' Compensation › Subchapter F. Payments for Certain Disabled Peace Officers › Article 56B.252. Applicability

This subchapter applies only to a peace officer who is employed by this state or a local governmental entity in this state and who sustains an injury in the performance of the officer's duties as a peace officer as a result of criminally injurious conduct on or after September 1, 1989.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.06, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 56B - Crime Victims' Compensation › Subchapter F. Payments for Certain Disabled Peace Officers › Article 56B.253. Payment Entitlement

A peace officer to whom this subchapter applies is entitled to an annual payment in the amount described by Article 56B.254 if the officer presents evidence satisfactory to the attorney general that:
(1)  the officer's condition is a total disability resulting in permanent incapacity for work; and
(2)  the total disability has persisted for more than 12 months.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.06, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 56B - Crime Victims' Compensation › Subchapter F. Payments for Certain Disabled Peace Officers › Article 56B.254. Amount of Payment

The amount of an annual payment under this subchapter is equal to the difference between:
(1)  any amount received by the peace officer for the injury or disability from another source 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.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.06, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 56B - Crime Victims' Compensation › Subchapter F. Payments for Certain Disabled Peace Officers › Article 56B.255. Method of Payment

A peace officer who is entitled to an annual payment under Article 56B.253 may elect to receive the payment in:
(1)  a single payment paid each year; or
(2)  equal monthly installments.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.06, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 56B - Crime Victims' Compensation › Subchapter F. Payments for Certain Disabled Peace Officers › Article 56B.256. Cost-of-Living Adjustment

(a)  The amount of a payment under Article 56B.254 is subject to an annual cost-of-living adjustment calculated by the attorney general.
(b)  The attorney general shall calculate the amount of the cost-of-living adjustment by multiplying the amount of the annual payment received by the peace officer under this subchapter during the preceding year by 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 preceding calendar year.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.06, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 56B - Crime Victims' Compensation › Subchapter F. Payments for Certain Disabled Peace Officers › Article 56B.257. Calculation of Initial Payment

The attorney general shall calculate the amount of an initial payment based on an injury suffered after September 1, 1989, by:
(1)   calculating the amount to which the peace officer is entitled under Article 56B.254; and
(2)  adding to that amount the cumulative successive cost-of-living adjustments for the intervening years calculated from the date of the injury.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.06, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 56B - Crime Victims' Compensation › Subchapter F. Payments for Certain Disabled Peace Officers › Article 56B.258. Proof Required for Payment

To receive a payment under this subchapter, a peace officer must provide to the attorney general:
(1)  proof that the injury:
(A)  was sustained in the performance of the applicant's duties as a peace officer; and
(B)  is a total disability resulting in permanent incapacity for work; and
(2)  any other information or evidence the attorney general requires.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.06, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 56B - Crime Victims' Compensation › Subchapter F. Payments for Certain Disabled Peace Officers › Article 56B.259. Hearing

The attorney general may approve the application without a hearing or may conduct a hearing under Article 56B.056.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.06, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 56B - Crime Victims' Compensation › Subchapter F. Payments for Certain Disabled Peace Officers › Article 56B.260. Judicial Review

The decision of the attorney general is subject to judicial review under Subchapter H.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.06, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 56B - Crime Victims' Compensation › Subchapter F. Payments for Certain Disabled Peace Officers › Article 56B.261. Periodic Review

The attorney general may appoint a panel of physicians to periodically review each application for assistance under this subchapter to ensure the validity of the application and the necessity of continued assistance to the peace officer.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.06, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 56B - Crime Victims' Compensation › Subchapter F. Payments for Certain Disabled Peace Officers › Article 56B.262. Issuance of Warrant for Payment

(a)  The attorney general shall notify the comptroller of the attorney general's determination that a claim under this subchapter is valid and justifies payment.  On receipt of the notice, the comptroller shall issue a warrant to or on behalf of the peace officer in the proper amount from amounts in the compensation to victims of crime fund.  A payment under this subchapter to or on behalf of a peace officer is payable as soon as possible after the attorney general notifies the comptroller.
(b)  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.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.06, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 56B - Crime Victims' Compensation › Subchapter F. Payments for Certain Disabled Peace Officers › Article 56B.263. Limits on Compensation

The total aggregate amount of all annual payments made to an individual peace officer under this subchapter may not exceed $200,000.  The limits on compensation imposed by Article 56B.106 do not apply to payments made under this subchapter.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.06, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 56B - Crime Victims' Compensation › Subchapter F. Payments for Certain Disabled Peace Officers › Article 56B.264. Application of Other Law

(a)  Article 56B.052 does not apply to the filing of an application under this subchapter.
(b)  Other provisions of this chapter apply to this subchapter to the extent applicable and consistent with this subchapter.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.06, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 56B - Crime Victims' Compensation › Subchapter G. Attorney's Fees › Article 56B.301. Award of Attorney's 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.
(b)  Attorney's fees may be denied on a finding that the claim or appeal is frivolous.
(c)  An award of attorney's fees is in addition to an award of compensation.
(d)  Attorney's 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 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.06, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 56B - Crime Victims' Compensation › Subchapter G. Attorney's Fees › Article 56B.302. Amount of Attorney's Fees

(a)  Attorney's fees may not exceed 25 percent of the amount of the award the attorney assisted the claimant or victim in obtaining.
(b)  If there is no dispute of the attorney general's determination of the amount due to the claimant or victim and a hearing is not held, the attorney's fee shall be the lesser of:
(1)  25 percent of the amount the attorney assisted the claimant or victim in obtaining; or
(2)  $300.
(c)  An attorney may not contract for or receive an amount that exceeds the amount allowed under this article.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.06, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 56B - Crime Victims' Compensation › Subchapter H. Judicial Review › Article 56B.351. Notice of Dissatisfaction

Not later than the 40th day after the date the attorney general renders a final decision, a claimant or victim may file with the attorney general a notice of dissatisfaction with the decision.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.06, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 56B - Crime Victims' Compensation › Subchapter H. Judicial Review › Article 56B.352. Suit; Venue

Not later than the 40th day after the date the claimant or victim gives notice of dissatisfaction under Article 56B.351, the claimant or victim must bring suit in:
(1)  the district court having jurisdiction in the county in which:
(A)  the injury or death occurred; or
(B)  the victim resided at the time of the injury or death; or
(2)  if the victim resided out of state at the time of the injury or death:
(A)  the district court having jurisdiction in the county in which the injury or death occurred; or
(B)  a district court in Travis County.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.06, eff. January 1, 2021.