reglab/statecodes huggingface dataset:
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 56B - Crime Victims' Compensation › Subchapter H. Judicial Review › Article 56B.353. Restrictions on Attorney General During Judicial Review

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.
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.354. Standard of Review

The court shall determine the issues by trial de novo.
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.355. Burden of Proof

The burden of proof is on the claimant or victim filing the notice of dissatisfaction.
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.356. Attorney's Fees

In the event of judicial review, a court may award as attorney's fees an amount not to exceed 25 percent of the total recovery by 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 H. Judicial Review › Article 56B.357. Calculation of Time

In calculating a period under Article 56B.351 or 56B.352, 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.
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 I. Private Action › Article 56B.401. Notice of Proposed Private Action

Before a claimant or victim may bring an action to recover damages related to criminally injurious conduct for which compensation under this chapter is claimed or awarded, the claimant or victim must give the attorney general written notice of the proposed action.
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 I. Private Action › Article 56B.402. Receipt of Notice

After receiving notice under Article 56B.401, 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 take neither action described by Subdivision (1) or (2).
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 I. Private Action › Article 56B.403. Deduction for Reasonable Expenses

(a)  A claimant or victim who brings an action as a trustee as described by Article 56B.402(2) and recovers compensation awarded by the attorney general may deduct from the benefits recovered on behalf of the state the reasonable expenses of the suit, including attorney's fees, expended in pursuing the recovery for the state.
(b)  The claimant or victim must justify a deduction under Subsection (a) to the attorney general in writing on a form provided by the attorney general.
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 I. Private Action › Article 56B.404. Limitations on Resolution of Action

(a)  A claimant or victim may not settle or otherwise resolve any such action without the attorney general's written authorization.
(b)  A third party or agent, insurer, or attorney of a third party may not participate in the settlement or other resolution of such an action if the third party, agent, insurer, or attorney actually knows, or should know, that the claimant or victim has received money from the compensation to victims of crime fund and is subject to the subrogation provisions of this subchapter.
(c)  Any attempt by a third party or agent, insurer, or attorney of a third party to settle an action is void and does not result in a release from liability to the compensation to victims of crime fund for any rights subrogated under this subchapter.
(d)  An agent, insurer, or attorney described by this article is personally liable to the compensation to victims of crime fund for any money paid to a claimant or victim in violation of this article, in an amount not to exceed the full amount of the fund's right to reimbursement.
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 I. Private Action › Article 56B.405. Criminal Penalty

(a)  A claimant, victim, or third party, or an agent, insurer, or attorney of a third party, commits an offense if the person knowingly fails to comply with the requirements of this chapter, Chapter 56A, or Subchapter B, Chapter 58.
(b)  An offense under Subsection (a) is a Class B misdemeanor, except that any fine imposed may not exceed $500.
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 J. Funds › Article 56B.451. Definition

In this subchapter, "fund" means the compensation to victims of crime fund.
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 J. Funds › Article 56B.452. Establishment

(a)  The compensation to victims of crime fund is in the state treasury.
(b)  Section 403.095, Government Code, does not apply to the fund.
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 J. Funds › Article 56B.453. Use of Money

(a)  Money in the fund may be used only as provided by this chapter and is not available for any other purpose.
(b)  Except as provided by Subsection (d) and Articles 56B.455, 56B.458, 56B.459, and 56B.460, the fund may be used only by the attorney general to pay compensation to claimants or victims under this chapter.
(c)  For purposes of Subsection (b), 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 chapter.  The institute shall use money allocated from the fund only for the purposes of Sections 96.65, 96.651, and 96.652, Education Code.
(d)  The attorney general may use the fund to:
(1)  reimburse a health care provider or a sexual assault examiner or sexual assault nurse examiner for certain costs of a forensic medical examination that are incurred by the provider or the examiner under Subchapter G, Chapter 56A; and
(2)  make a payment to or on behalf of a victim of a sexual assault for the reasonable costs incurred for medical care provided under Subchapter G, Chapter 56A, as described by Article 56A.305.
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. 817 (H.B. 2462), Sec. 10, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 4.016(a), eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 206 (S.B. 1401), Sec. 15, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 56B - Crime Victims' Compensation › Subchapter J. Funds › Article 56B.454. Limitations on Payments

(a)  The attorney general may not make compensation payments that exceed the amount of money available in the fund.
(b)  General revenue funds may not be used for payments 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 J. Funds › Article 56B.455. Amount Carried Forward

An amount of money deposited to the credit of the fund not to exceed one-quarter of the amount disbursed from that fund in the form of compensation payments during a state fiscal year shall be carried forward into the next succeeding state fiscal year and applied toward the amount listed in that fiscal year's method of financing.
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 J. Funds › Article 56B.456. Transfer of Money From Auxiliary Fund

(a)  Not later than September 15 of each year, the attorney general, after consulting with the comptroller, shall certify the amount of money remaining in the compensation to victims of crime auxiliary fund at the end of the preceding state fiscal year.
(b)  If the amount remaining in the compensation to victims of crime auxiliary fund as certified under Subsection (a) exceeds $5 million, as soon as practicable after the date of certification, the attorney general may transfer to the fund an amount that is not more than 50 percent of the excess amount in the auxiliary fund.  Money transferred under this subsection may be used only to make compensation payments during the state fiscal year in which the amount is transferred.
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 J. Funds › Article 56B.457. Gifts, Grants, and Donations

(a)  The attorney general may accept gifts, grants, and donations to be credited to the fund.
(b)  The attorney general 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 attorney general that are credited to the fund.
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 J. Funds › Article 56B.458. Emergency Reserve

(a)  If the amount available in the fund is sufficient in a state 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 exceeded compensation payments made during that fiscal year as an emergency reserve for the next fiscal year.  The emergency reserve may not exceed $10,000,000.
(b)  The emergency reserve may be used only:
(1)  to make compensation awards in claims; and
(2)  to provide emergency relief and assistance, including crisis intervention, emergency housing, travel, food, or expenses and technical assistance expenses incurred in implementing this article 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 this state or for Texas residents injured or killed in an act of terrorism outside of the United States.
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 J. Funds › Article 56B.459. Appropriation for Associate Judge Program

The legislature may appropriate money in the fund to administer the associate judge program under Subchapter C, Chapter 201, Family Code.
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 J. Funds › Article 56B.460. Appropriation 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 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;
(2)  the amount of money that the attorney general anticipates will be received from deposits made to the credit of the fund during the next state fiscal biennium, other than deposits of:
(A)  gifts, grants, and donations; and
(B)  money received from the United States; and
(3)  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, Chapter 56A, and Subchapter B, Chapter 58.
(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 fund available for the purposes of Subsection (c), calculated by multiplying the amount estimated under Subsection (a)(3) by 105 percent and subtracting that product from the sum of the amounts estimated under Subsections (a)(1) and (2).
(c)  For a state fiscal biennium, the legislature may appropriate from the 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 fund for purposes of this article.
(e)  The attorney general may use money appropriated from the 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 implement 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 J. Funds › Article 56B.461. Use of Auxiliary Fund

As appropriated by the legislature, the attorney general may use the compensation to victims of crime auxiliary fund to cover costs incurred by the attorney general in administering the address confidentiality program established under Subchapter B, Chapter 58.
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 J. Funds › Article 56B.462. Payers of Last Resort

The fund and the compensation to victims of crime auxiliary fund are the payers of last resort.
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 K. Administrative Penalty › Article 56B.501. Conduct Subject to Penalty; Amount of Penalty

(a)  A person who presents to the attorney general, or engages in conduct that results in the presentation to the attorney general of, an application for compensation under this chapter 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, plus 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 in an amount not to exceed twice the amount paid as a result of the false application for benefits or claim for pecuniary loss; and
(3)  payment of an administrative penalty in an amount not to exceed $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.
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 K. Administrative Penalty › Article 56B.502. Report and Notice of Violation and Penalty

(a)  On determining that a violation has occurred, the attorney general may issue a report stating:
(1)  the facts on which the determination is made; and
(2)  the attorney general's recommendation on the imposition of an administrative penalty, including a recommendation on the amount of the penalty.
(b)  The attorney general shall give written notice of the report to the person described by Article 56B.501.  The notice may be given by certified mail and must:
(1)  include a brief summary of the alleged violation;
(2)  state the amount of the recommended penalty; and
(3)  inform the person of the right to a hearing on the occurrence of the violation, the amount of the penalty, or both.
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 K. Administrative Penalty › Article 56B.503. Penalty to Be Paid or Hearing Requested

(a)  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 administrative penalty; or
(2)  request a hearing on the occurrence of the violation, the amount of the penalty, or both.
(b)  If the person accepts the attorney general's determination and recommended penalty, the attorney general by order shall approve the determination and impose the recommended penalty.
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 K. Administrative Penalty › Article 56B.504. Hearing

(a)  If the person requests a hearing as provided by Article 56B.503(a) 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, and notify the person of the hearing.
(b)  The administrative law judge shall make findings of fact 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 administrative penalty.
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 K. Administrative Penalty › Article 56B.505. Decision by Attorney General

(a)  Based on the findings of fact, conclusions of law, and proposal for a decision, the attorney general by order may find that:
(1)  a violation occurred and impose an administrative penalty; or
(2)  a violation did not occur.
(b)  Notice of the attorney general's order given to the person under Chapter 2001, Government Code, must include a statement of the person's right to judicial review of the order.
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 K. Administrative Penalty › Article 56B.506. Options Following Decision: Pay or Appeal

(a)  Not later than the 30th day after the date the attorney general's order becomes final under Section 2001.144, Government Code, the person shall:
(1)  pay the administrative penalty;
(2)  pay the penalty and file a petition for judicial review contesting the occurrence of the violation, the amount of the penalty, or both; or
(3)  without paying the penalty, file a petition for judicial review contesting the occurrence of the violation, the amount of the penalty, or both.
(b)  Within the 30-day period, a person who acts under Subsection (a)(3) may:
(1)  stay enforcement of the penalty by:
(A)  paying 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 and that is:
(i)  for the amount of the penalty; and
(ii)  effective until judicial review of the attorney general's order is final; or
(2)  request the court to stay enforcement of the penalty by:
(A)  filing with the court a sworn affidavit of the person stating that the person is financially unable to pay the penalty or give the supersedeas bond; and
(B)  delivering a copy of the affidavit to the attorney general by certified mail.
(c)  On receipt by the attorney general of a copy of an affidavit under Subsection (b)(2), the attorney general may file with the court a contest to the affidavit not later than the fifth day after the date the copy is received.
(d)  The court shall hold a hearing on the facts alleged in the affidavit as soon as practicable and shall stay the enforcement of the penalty on finding that the alleged facts are true.  A person who files an affidavit under Subsection (b)(2) has the burden of proving that the person is financially unable to pay the penalty or give a supersedeas bond.
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 K. Administrative Penalty › Article 56B.507. Collection of Penalty

If the person does not pay the administrative penalty and the enforcement of the penalty is not stayed, the attorney general may file suit to collect the penalty.
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 K. Administrative Penalty › Article 56B.508. Decision by Court

(a)  If the court sustains the finding that a violation occurred, the court may order the person to pay the full or a reduced administrative penalty.
(b)  If the court does not sustain the finding that a violation occurred, the court shall order that a penalty is not owed.
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 K. Administrative Penalty › Article 56B.509. Remittance of Penalty and Interest

(a)  If the person paid the administrative penalty and the amount is reduced or is not upheld by the court, the court shall order that the appropriate amount plus accrued interest be remitted to the person.
(b)  The interest accrues at the rate charged on loans to depository institutions by the New York Federal Reserve Bank.  The interest shall be paid for the period beginning on the date the penalty was paid and ending on the date the penalty is remitted.
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 K. Administrative Penalty › Article 56B.510. Release of Bond

(a)  If the person gave a supersedeas bond and the administrative penalty is not upheld by the court, the court shall order the release of the bond.
(b)  If the person gave a supersedeas bond and the amount of the penalty is reduced, the court shall order the release of the bond after the person pays the amount.
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 K. Administrative Penalty › Article 56B.511. Disposition of Penalty

An administrative penalty collected under this subchapter shall be sent to the comptroller and deposited to the credit of the compensation to victims of crime fund.
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 K. Administrative Penalty › Article 56B.512. Recovery of Expenses

In addition to the administrative penalty authorized by this subchapter, the attorney general may recover all 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 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 K. Administrative Penalty › Article 56B.513. Administrative Procedure

A proceeding under this subchapter is subject to Chapter 2001, Government Code.
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 L. Other Penalties and Sanctions › Article 56B.551. Letter of Reprimand

(a)  The attorney general may issue a letter of reprimand against an individual who the attorney general finds has filed or has caused to be filed under this chapter an application for benefits or claim for pecuniary loss that contains a statement or representation that the individual knows is false.
(b)  The attorney general must give the individual notice of the proposed action before issuing the letter.
(c)  An individual may challenge the denial of compensation and the issuance of a letter of reprimand in a contested case hearing under Chapter 2001, Government Code.
(d)  A letter of reprimand issued under this article is public information.
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 L. Other Penalties and Sanctions › Article 56B.552. 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 chapter by the person or as a result of the person's conduct; and
(2)  contains a material statement or representation that the person knows is false.
(b)  The attorney general shall institute and conduct a suit to collect on behalf of the state the civil penalty authorized by this article.
(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 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 56C - Landowner Compensation for Property Damage Caused by Certain Criminal Activities › Article 56C.001. Definitions

In this chapter:
(1)  "Agricultural land" includes any land the use of which qualifies the land for appraisal based on agricultural use as defined under Subchapter D, Chapter 23, Tax Code.
(2)  "Border crime" means conduct:
(A)  constituting an offense under:
(i)  Subchapter D, Chapter 481, Health and Safety Code;
(ii)  Section 20.05 or 38.04, Penal Code; or
(iii)  Chapter 20A, Penal Code; and
(B)  involving transnational criminal activity.
(3)  "Trespasser" has the meaning assigned by Section 75.007, Civil Practice and Remedies Code.
Added by Acts 2023, 88th Leg., R.S., Ch. 350 (S.B. 1133), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 56C - Landowner Compensation for Property Damage Caused by Certain Criminal Activities › Article 56C.002. Administration; Rules

(a)  The attorney general shall adopt rules to administer this chapter.
(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 2023, 88th Leg., R.S., Ch. 350 (S.B. 1133), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 56C - Landowner Compensation for Property Damage Caused by Certain Criminal Activities › Article 56C.003. Landowner Compensation Program

(a)  From money appropriated for the purpose, the attorney general shall establish and administer a program to compensate landowners who suffer real property damage on agricultural land caused by:
(1)  a trespasser as a result of an offense under Chapter 28, Penal Code, that was committed in the course of or in furtherance of a border crime; or
(2)  a law enforcement response to a trespasser who was engaged in a border crime.
(b)  The attorney general shall establish:
(1)  eligibility criteria for compensation under this article, including requirements for providing proof of eligibility for compensation;
(2)  application procedures;
(3)  criteria for evaluating applications and awarding compensation;
(4)  guidelines related to compensation amounts, provided that the maximum amount awarded per incident causing damage may not exceed $75,000; and
(5)  procedures for monitoring the use of compensation awarded under this article and ensuring compliance with any conditions of the award.
(c)  The attorney general may not award compensation under this article for real property damage caused by a trespasser described by Subsection (a)(1) unless the damage is documented in a written report by a law enforcement agency as having occurred in connection with a border crime.
(d)  In awarding compensation under this article for real property damage caused by a trespasser described by Subsection (a)(1), the attorney general may not consider the outcome of any criminal prosecution arising out of the offense under Chapter 28, Penal Code, as a result of which the applicant suffered property damage or the applicable offense listed in Article 56C.001(2)(A).
Added by Acts 2023, 88th Leg., R.S., Ch. 350 (S.B. 1133), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 56C - Landowner Compensation for Property Damage Caused by Certain Criminal Activities › Article 56C.004. 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.
(c)  On determining that a hearing is necessary or on request for a hearing by the applicant, 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
(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 private hearing or conference is in the interest of the applicant.
(g)  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 2023, 88th Leg., R.S., Ch. 350 (S.B. 1133), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 56C - Landowner Compensation for Property Damage Caused by Certain Criminal Activities › Article 56C.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 under this chapter during the preceding fiscal year that includes the following information, disaggregated by each offense listed in Article 56C.001(2)(A):
(1)  the number of applications made;
(2)  the number of applicants receiving compensation; and
(3)  the amount of compensation awarded.
Added by Acts 2023, 88th Leg., R.S., Ch. 350 (S.B. 1133), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 56C - Landowner Compensation for Property Damage Caused by Certain Criminal Activities › Article 56C.006. Payer of Last Resort

(a)  The program established under Article 56C.003 is a payer of last resort for real property damage described by that article.
(b)  The attorney general may not award compensation to an applicant under Article 56C.003 if the attorney general determines that the applicant:
(1)  is eligible for reimbursement from another source, including under an insurance contract or a state, local, or federal program; and
(2)  failed to seek reimbursement from the source described by Subdivision (1).
Added by Acts 2023, 88th Leg., R.S., Ch. 350 (S.B. 1133), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 56C - Landowner Compensation for Property Damage Caused by Certain Criminal Activities › Article 56C.007. Expiration of Chapter

This chapter expires on the second anniversary of the date that all money appropriated for the program established under this chapter has been expended.
Added by Acts 2023, 88th Leg., R.S., Ch. 350 (S.B. 1133), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 58 - Confidentiality of Identifying Information and Medical Records of Certain Crime Victims › Subchapter A. General Provisions › Article 58.001. General Definitions

In this chapter:
(1)  "Name" means the legal name of a person.
(2)  "Pseudonym" means a set of initials or a fictitious name chosen by a victim to designate the victim in all public files and records concerning the offense, including police summary reports, press releases, and records of judicial proceedings.
(3)  "Public servant" has the meaning assigned by Section 1.07(a), Penal Code.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.07, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 58 - Confidentiality of Identifying Information and Medical Records of Certain Crime Victims › Subchapter B. Address Confidentiality Program for Certain Crime Victims › Article 58.051. Definitions

In this subchapter:
(1)  "Applicant" means a person who applies to participate in the program.
(1-a)  "Child abduction" means any conduct that:
(A)  constitutes an offense under Sections 20.02, 20.03, 20.04, 25.03, and 25.031, Penal Code; and
(B)  results in a person younger than 18 years of age becoming a victim of the offense.
(2)  "Family violence" has the meaning assigned by Section 71.004, Family Code.
(3)  "Family violence shelter center" has the meaning assigned by Section 51.002, Human Resources Code.
(4)  "Household" has the meaning assigned by Section 71.005, Family Code.
(5)  "Mail" means first class mail and any mail sent by a government agency.  The term does not include a package, regardless of size or type of mailing.
(6)  "Participant" means an applicant who is certified for participation in the program.
(7)  "Program" means the address confidentiality program created under this subchapter.
(8)  "Sexual abuse" means any conduct that constitutes an offense under Section 21.02, 21.11, or 25.02, Penal Code.
(9)  "Sexual assault" means any conduct that constitutes an offense under Section 22.011 or 22.021, Penal Code.
(10)  "Stalking" means any conduct that constitutes an offense under Section 42.072, Penal Code.
(11)  "Trafficking of persons" means any conduct that:
(A)  constitutes an offense under Section 20A.02, 20A.03, 43.03, 43.031, 43.04, 43.041, 43.05, 43.25, 43.251, or 43.26, Penal Code; and
(B)  results in a person:
(i)  engaging in forced labor or services; or
(ii)  otherwise becoming a victim of the offense.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.07, eff. January 1, 2021.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 4.017(a), eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 177 (H.B. 1161), Sec. 1, eff. May 24, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 58 - Confidentiality of Identifying Information and Medical Records of Certain Crime Victims › Subchapter B. Address Confidentiality Program for Certain Crime Victims › Article 58.052. Address Confidentiality Program

(a)  The attorney general shall establish an address confidentiality program, as provided by this subchapter, to assist a victim of family violence, sexual assault or abuse, stalking, child abduction, or trafficking of persons in maintaining a confidential address.
(b)  The attorney general shall:
(1)  designate a substitute post office box address that a participant may use in place of the participant's true residential, business, or school address;
(2)  act as agent to receive service of process and mail on behalf of the participant; and
(3)  forward to the participant mail received by the office of the attorney general on behalf of the participant.
(c)  A summons, writ, notice, demand, or process may be served on the attorney general on behalf of the participant by delivery of two copies of the document to the office of the attorney general.  The attorney general shall retain a copy of the summons, writ, notice, demand, or process and forward the original to the participant not later than the third day after the date of service on the attorney general.
(d)  The attorney general shall make and retain a copy of the envelope in which certified mail is received on behalf of the participant.
(e)  The attorney general shall adopt rules to administer the program.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.07, eff. January 1, 2021.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 177 (H.B. 1161), Sec. 2, eff. May 24, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 58 - Confidentiality of Identifying Information and Medical Records of Certain Crime Victims › Subchapter B. Address Confidentiality Program for Certain Crime Victims › Article 58.053. Agency Acceptance of Substitute Address Required; Exemptions

(a)  Except as provided by Subsection (b), a state or local agency must accept the substitute post office box address designated by the attorney general if the substitute address is presented to the agency by a participant in place of the participant's true residential, business, or school address.
(b)  The attorney general by rule may permit an agency to require a participant to provide the participant's true residential, business, or school address, if necessary for the agency to perform a duty or function that is imposed by law or administrative requirement.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.07, eff. January 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 58 - Confidentiality of Identifying Information and Medical Records of Certain Crime Victims › Subchapter B. Address Confidentiality Program for Certain Crime Victims › Article 58.054. Eligibility

To be eligible to participate in the program:
(1)  an applicant must satisfy any of the following:
(A)  meet with a victim's assistance counselor from a state or local agency or other for-profit or nonprofit entity that is identified by the attorney general as an entity that provides shelter or civil legal services or counseling to victims of family violence, sexual assault or abuse, stalking, child abduction, or trafficking of persons;
(B)  be protected under, or be filing an application on behalf of a victim who is the applicant's child or another person in the applicant's household and who is protected under:
(i)  a temporary injunction issued under Subchapter F, Chapter 6, Family Code;
(ii)  a temporary ex parte order issued under Chapter 83, Family Code;
(iii)  an order issued under Subchapter A or B, Chapter 7B, of this code or Chapter 85, Family Code; or
(iv)  a magistrate's order for emergency protection issued under Article 17.292; or
(C)  possess documentation of family violence, child abduction, or trafficking of persons, as identified by the rules adopted under Article 58.056, or of sexual assault or abuse or stalking, as described by Section 92.0161, Property Code; and
(2)  an applicant must satisfy all of the following:
(A)  file an application for participation with the attorney general or a state or local agency or other entity identified by the attorney general under Subdivision (1);
(B)  file an affirmation that the applicant has discussed safety planning with a victim's assistance counselor described by Subdivision (1)(A);
(C)  designate the attorney general as agent to receive service of process and mail on behalf of the applicant; and
(D)  live at a residential address, or relocate to a residential address, that is unknown to the person who committed or is alleged to have committed the family violence, sexual assault or abuse, stalking, child abduction, or trafficking of persons.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.07, eff. January 1, 2021.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 177 (H.B. 1161), Sec. 3, eff. May 24, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 58 - Confidentiality of Identifying Information and Medical Records of Certain Crime Victims › Subchapter B. Address Confidentiality Program for Certain Crime Victims › Article 58.055. Application

(a)  An application under Article 58.054(2)(A) must contain:
(1)  a signed, sworn statement by the applicant stating that the applicant fears for the safety of the applicant, the applicant's child, or another person in the applicant's household because of a threat of immediate or future harm caused by the person who committed or is alleged to have committed the family violence, sexual assault or abuse, stalking, child abduction, or trafficking of persons;
(2)  the applicant's true residential address and, if applicable, the applicant's business and school addresses; and
(3)  a statement by the applicant of whether there is an existing court order or a pending court case for child support or child custody or visitation that involves the applicant, the applicant's child, or another person in the applicant's household and, if so, the name and address of:
(A)  the legal counsel of record; and
(B)  each parent involved in the court order or pending case.
(b)  An application under Article 58.054(2)(A) must be completed by the applicant in person at the state or local agency or other entity with which the application is filed.
(c)  A state or local agency or other entity with which an application is filed under Article 58.054(2)(A) shall forward the application to the office of the attorney general.
(d)  Any assistance or counseling provided by the attorney general or an employee or agent of the attorney general to an applicant does not constitute legal advice.
(e)  The attorney general shall make program information and application materials available online.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.07, eff. January 1, 2021.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 177 (H.B. 1161), Sec. 4, eff. May 24, 2023.