Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 61 - CRIME VICTIMS' COMPENSATION › Subchapter E - PECUNIARY LOSS › Section 61.406 - Collateral Sources

Current through Reg. 49, No. 28; July 12, 2024
(a) The crime
				  victims' fund is the payer of last resort, according to Texas Code of Criminal
				  Procedure Article 56.34(f). Under Texas Code of Criminal Procedure Articles
				  56.34(b) and 56.36(b)(3)(B), the OAG may only pay for those actual pecuniary
				  losses that are not paid by a collateral source.
(b) Collateral sources are those benefits or
				  advantages for pecuniary loss specifically described in Texas Code of Criminal
				  Procedure Article 56.32(a)(3) and do not include other possible sources of
				  reimbursement or recovery.
(c)
				  Service providers should seek payment from all collateral sources which might
				  be readily available to the victim or claimant prior to submitting claims or
				  bills to the OAG, when possible. Service providers shall notify the OAG of all
				  collateral sources being pursued on behalf of the victim or claimant.
(d) The OAG may deny or reduce an award if
				  the OAG notifies the victim, claimant or service provider of a possible
				  collateral source and the victim, claimant or service provider fails to apply
				  or pursue the collateral source within an acceptable time frame for such
				  collateral source. The acceptable time frame will be determined by the OAG upon
				  consideration of all relevant facts and circumstances.
(e) If a service provider receives payment
				  from any other source on behalf of the victim or claimant, the service provider
				  must report the payment and the source to the OAG before receiving
				  reimbursement. If the OAG has already made a payment, the service provider is
				  responsible for notifying the OAG of the amount and the source of the other
				  payment within 10 business days. Payments made to a service provider that
				  reduce the amount of actual pecuniary loss that must be reported to the OAG
				  include, but are not limited to the following: auto insurance; burial
				  insurance; veterans' benefits; worker's compensation; death benefits; foreign
				  consulate payments; gifts, donations and charitable contributions.
(f) Unless good cause exists, a victim or
				  claimant who receives payment, benefits or reimbursement from a collateral
				  source at any time must report that information to the OAG within 30
				  days.
(g) If the victim or claimant
				  fails to utilize a collateral source that is readily available to the victim or
				  claimant for all or a portion of a pecuniary loss, the OAG may deny or reduce
				  an award to the extent of the unused collateral source.
(h) The OAG may consider good cause shown
				  when determining whether a collateral source is considered readily available to
				  the victim or claimant.
(i) Gifts,
				  donations or charitable contributions made directly to a victim or claimant are
				  not a collateral source and do not reduce the determination of the actual
				  pecuniary losses incurred by the victim or claimant.