By Gallego                                            H.B. No. 2767
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to comprehensive revisions to Subchapter B, Chapter 56,
    1-3  Code of Criminal Procedure, the Crime Victims' Compensation Act.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter B, Chapter 56, Code of Criminal
    1-6  Procedure, is amended to read as follows:
    1-7        Art. 56.31.  SHORT TITLE.  This subchapter may be cited as
    1-8  the Crime Victims' Compensation Act.
    1-9        Art. 56.311.  LEGISLATIVE FINDINGS.  The legislature
   1-10  recognizes that many innocent individuals suffer personal injury or
   1-11  death as a result of criminal acts.  Crime victims and individuals
   1-12  who intervene in crimes on behalf of peace officers may suffer
   1-13  disabilities, incur financial burdens, or become dependent on
   1-14  public assistance.  The legislature finds and determines that there
   1-15  is a need for indemnification of innocent victims of crime and
   1-16  those citizens who suffer personal injury or death in the
   1-17  prevention of crime or in the apprehension of criminals.  Further,
   1-18  indemnification of innocent victims of violent crime will also
   1-19  encourage greater public cooperation in the successful apprehension
   1-20  and prosecution of criminal offenders.
   1-21        Art. 56.32.  DEFINITIONS.  In this subchapter:
   1-22              (1)  "Child" means an individual younger than 18 <17>
   1-23  years of age.
    2-1              (2)  "Claimant" means:
    2-2                    (A)  <a victim or> an authorized individual
    2-3  <person> acting on behalf of a victim;
    2-4                    (B)  an individual filing a claim on behalf of an
    2-5  unemancipated minor individual;
    2-6                    (C)  an individual who legally assumes the
    2-7  obligation or who voluntarily pays the medical or burial expenses
    2-8  incurred as a direct result of the criminally injurious conduct;
    2-9                    (D)  a dependent of a deceased victim; or
   2-10                    (E)  an immediate family or household member of a
   2-11  victim who is not a dependent of the victim and who requires
   2-12  psychiatric care or counseling as a direct result of the criminally
   2-13  injurious conduct.
   2-14        The term "claimant" does not include providers of service.
   2-15              (3)  "Collateral source" means any of the following
   2-16  sources of benefits or advantages for pecuniary loss that a
   2-17  claimant or victim has received or that is readily available to the
   2-18  claimant or victim:
   2-19                    (A)  the offender under an order of restitution
   2-20  to the claimant or victim imposed by a court as a condition of
   2-21  probation;
   2-22                    (B)  the United States, a federal agency, a state
   2-23  or any of its political subdivisions, or an instrumentality of two
   2-24  or more states, unless the law providing for the benefits or
   2-25  advantages makes them in excess of or secondary to benefits under
    3-1  this subchapter;
    3-2                    (C)  social security, Medicare, or Medicaid;
    3-3                    (D)  state-required temporary nonoccupational
    3-4  disability insurance;
    3-5                    (E)  workers' compensation;
    3-6                    (F)  an employer's wage continuation program;
    3-7                    (G)  proceeds of an insurance contract payable to
    3-8  or on behalf of the claimant or victim for loss that the claimant
    3-9  or victim sustained because of the criminally injurious conduct;
   3-10                    (H)  a contract providing prepaid hospital and
   3-11  other health care services or benefits for disability;
   3-12                    (I)  proceeds awarded to the claimant or victim
   3-13  as a result of third-party litigation; or
   3-14                    (J)  proceeds of a life insurance contract
   3-15  payable to the claimant or victim.
   3-16              (4)  "Criminally injurious conduct" means conduct that:
   3-17                    (A)  occurs or is attempted;
   3-18                    (B)  poses a substantial threat of personal
   3-19  injury or death;
   3-20                    (C)  is punishable by fine, imprisonment, or
   3-21  death, or would be punishable by fine, imprisonment, or death if
   3-22  the person engaging in the conduct possessed capacity to commit the
   3-23  conduct; and
   3-24                    (D)  does not arise out of the ownership,
   3-25  maintenance, or use of a motor vehicle, aircraft, or water vehicle,
    4-1  unless the conduct is intended to cause personal injury or death or
    4-2  is in violation of Section 38, Uniform Act Regulating Traffic on
    4-3  Highways (Article 6701d, Vernon's Texas Civil Statutes), or
    4-4  Sections 19.04, 19.05, 22.02, or 49.04-49.08, Penal Code, as
    4-5  amended.
    4-6              (5)  "Dependent" means:
    4-7                    (A)  a surviving spouse;
    4-8                    (B)  a person who is a dependent, within the
    4-9  meaning of <Section 152,> the Internal Revenue Code <of 1986 (26
   4-10  U.S.C. Section 152)>, of a deceased victim; or
   4-11                    (C)  a posthumous child of a deceased victim.
   4-12              (6)  "Household member" means an individual who resided
   4-13  in the same permanent household as the victim at the time that the
   4-14  criminally injurious conduct occurred.
   4-15              (7) <(6)>  "Immediate family member" means an
   4-16  individual who<:>
   4-17                    <(A)>  is the father, mother, sister, brother,
   4-18  daughter, son, or spouse of a victim, including stepparents and
   4-19  stepchildren<; and>
   4-20                    <(B)  resided in the same permanent household as
   4-21  the victim at the time that the criminally injurious conduct
   4-22  occurred>.
   4-23              (8) <(7)>  "Intervenor" means an individual who goes to
   4-24  the aid of another and is killed or injured in the good faith
   4-25  effort to prevent criminally injurious conduct, to apprehend a
    5-1  individual reasonably suspected of having engaged in criminally
    5-2  injurious conduct, or to aid a peace <police> officer.  <The term
    5-3  does not include a peace officer, firefighter, lifeguard, or
    5-4  individual whose employment includes the duty to protect the public
    5-5  safety acting within the course and scope of the individual's
    5-6  employment.>
    5-7              (9) <(8)>  "Pecuniary loss" means the amount of expense
    5-8  actually, reasonably and necessarily incurred<:>
    5-9                    <(A)>  as a result of personal injury or death
   5-10  for:
   5-11                    (A) <(i)>  medical, hospital, nursing, or
   5-12  psychiatric care or counseling, or physical therapy;
   5-13                    (B) <(ii)>  actual loss of past earnings and
   5-14  anticipated loss of future earnings because of a disability
   5-15  resulting from the personal injury; and
   5-16                    (C) <(iii)>  care of a minor child or dependent
   5-17  enabling a victim, <or> a victim's spouse, or a legal guardian but
   5-18  not all <both> of them, to continue or engage in gainful
   5-19  employment;
   5-20                    <(B)  as a result of death for:>
   5-21                    (D) <(i)>  funeral and burial expenses;
   5-22                    (E) <(ii)>  loss of support to a dependent<; and>
   5-23  in the event of the death of the victim;
   5-24                          <(iii)  care of a minor child enabling the
   5-25  surviving spouse of a victim to engage in lawful employment.>
    6-1                    <(C)  "Pecuniary loss" does not include health
    6-2  care service charges in excess of the fee guidelines established by
    6-3  the Texas Workers' Compensation Act (Article 8308-8.21 et seq.,
    6-4  Vernon's Texas Civil Statutes). Neither the office of the attorney
    6-5  general, victims, nor claimants shall be responsible for health
    6-6  care service charges in excess of the fee guidelines unless a
    6-7  review of the health care services determines that there is a
    6-8  reasonable health care justification for the deviation.>
    6-9                    (F)  reasonable and necessary costs of crime
   6-10  scene cleanup; and
   6-11                    (G)  reasonable replacement costs for clothing,
   6-12  bedding, or property seized as evidence or rendered unusable as a
   6-13  result of crime lab testing.
   6-14              (10) <(9)>  "Personal injury" means physical or mental
   6-15  harm to a claimant or victim.
   6-16              (11) <(10)>  "Victim" means<:>
   6-17                    <(A)>  an individual or intervenor who<:>
   6-18                          <(i)>  suffers personal injury or death as
   6-19  a result of criminally injurious conduct<;> that occurred
   6-20                          (i) <(ii)  at the time of the criminally
   6-21  injurious conduct, is> in this state<;> and
   6-22                          <(iii)>  the individual is a resident of
   6-23  this state, another state of the United States, the District of
   6-24  Columbia, the Commonwealth of Puerto Rico, or a possession or
   6-25  territory of the United States; or
    7-1                    <(B)  an individual who:>
    7-2                          <(i)  suffers individual injury or death as
    7-3  a result of criminally injurious conduct;>
    7-4                          (ii)  <at the time of the criminally
    7-5  injurious conduct,> in a state that does not have a crime victims'
    7-6  compensation program that meets the requirements of Section
    7-7  1403(b), Crime Victims Compensation Act of 1984 (42 U.S.C. Section
    7-8  10602(b)<;> , the individual is a resident of this state, and
    7-9                          <(iii)  at the time of the criminally
   7-10  injurious conduct, is a resident of this state;>
   7-11                          <(iv)>  would be entitled to compensation
   7-12  under this subchapter if the criminally injurious conduct had
   7-13  occurred in this state<;>
   7-14                    <(C)  an intervenor;>
   7-15                    <(D)  a dependent of a deceased victim;>
   7-16                    <(E)  an immediate family member of a deceased
   7-17  victim who is not a dependent of the victim and who requires
   7-18  psychiatric care or counseling as a direct result of the criminally
   7-19  injurious conduct;>
   7-20                    <(F)  an individual who:>
   7-21                          <(i)  is not an immediate family member or
   7-22  a dependent, but who resided in the same permanent household as a
   7-23  deceased victim in a relationship with the victim within the second
   7-24  degree of consanguinity; and>
   7-25                          <(ii)  requires psychiatric care or
    8-1  counseling as a direct result of the criminally injurious conduct;>
    8-2                    <(G)  in the event of a death, a individual who
    8-3  legally assumes the obligation or who voluntarily pays the medical
    8-4  or burial expenses incurred as a direct result of the criminally
    8-5  injurious conduct; or>
    8-6                    <(H)  an immediate family member of a victim who
    8-7  is a child and who requires psychological or psychiatric counseling
    8-8  as a direct result of the criminally injurious conduct>.
    8-9        The term "victim" does not include peace officers,
   8-10  firefighters, or individuals whose employment includes the duty to
   8-11  protect the public safety while acting within the course and scope
   8-12  of their employment.
   8-13        Art. 56.33.  ADMINISTRATION; RULES.  (a)  The attorney
   8-14  general shall adopt rules consistent with this subchapter governing
   8-15  its administration, including rules relating to the method of
   8-16  filing claims and the proof of entitlement to compensation.
   8-17  Subchapters A and B, Chapter 2001, Government Code, except Sections
   8-18  2001.004(3) and 2001.005, apply to the attorney general.
   8-19        (b)  The attorney general may delegate a power, duty, or
   8-20  responsibility given to the attorney general under this subchapter
   8-21  to a person in the attorney general's office.
   8-22        Art. 56.34.  COMPENSATION.  (a)  The attorney general shall
   8-23  award compensation for pecuniary loss arising from criminally
   8-24  injurious conduct if the attorney general is satisfied by a
   8-25  preponderance of the evidence that the requirements of this
    9-1  subchapter are met.
    9-2        (b)  The attorney general shall establish whether, as a
    9-3  direct result of criminally injurious conduct, a claimant or victim
    9-4  suffered personal injury or death that resulted in a pecuniary loss
    9-5  for which the claimant or victim is not compensated from a
    9-6  collateral source.
    9-7        (c)  The attorney general shall compensate for health care
    9-8  services according to the medical fee guidelines established by the
    9-9  Texas Workers' Compensation Act.  Health care providers shall not
   9-10  hold the office of the attorney general, claimants, or victims
   9-11  responsible for health care service charges in excess of the
   9-12  medical fee guidelines, and shall accept compensation from the
   9-13  attorney general as payment in full unless a review of the health
   9-14  care services determines that there is a reasonable health care
   9-15  justification for the deviation.  Providers of service shall not
   9-16  hold the claimant or victim responsible for the balance left as a
   9-17  result of a reduction under Article 56.58 of this Act.
   9-18        Art. 56.35.  Types of Assistance.  If the attorney general
   9-19  approves an application for compensation under Section 56.41 of
   9-20  this code, the attorney general shall determine what type of state
   9-21  assistance will best aid the claimant or victim.  The attorney
   9-22  general may do one or more of the following:
   9-23              (1)  authorize cash payment or payments to or on behalf
   9-24  of a claimant or victim for pecuniary loss;
   9-25              (2)  refer a claimant or victim to a state agency for
   10-1  vocational or other rehabilitative services; or
   10-2              (3)  provide counseling services for a claimant or
   10-3  victim or contract with a private entity to provide counseling
   10-4  services.
   10-5        Art. 56.36.  Application.  (a)  An applicant for compensation
   10-6  under this subchapter must apply in writing in a form that conforms
   10-7  substantially to that prescribed by the attorney general.
   10-8        (b)  An application must be verified and must contain:
   10-9              (1)  the date on which the criminally injurious conduct
  10-10  occurred;
  10-11              (2)  a description of the nature and circumstances of
  10-12  the criminally injurious conduct;
  10-13              (3)  a complete financial statement, including:
  10-14                    (A)  the cost of medical care or burial expenses
  10-15  and the loss of wages or support the claimant or victim has
  10-16  incurred or will incur; and
  10-17                    (B)  the extent to which the claimant or victim
  10-18  has been indemnified for those expenses from a collateral source;
  10-19              (4)  if appropriate, a statement indicating the extent
  10-20  of a disability resulting from the injury incurred;
  10-21              (5)  an authorization permitting the attorney general
  10-22  to verify the contents of the application; and
  10-23              (6)  other information the attorney general requires.
  10-24        Art. 56.37.  Time for Filing.  (a)  Except as otherwise
  10-25  provided by this section, a claimant or victim must file an
   11-1  application not later than the first anniversary of the criminally
   11-2  injurious conduct.
   11-3        (b)  The attorney general may extend the time for filing for
   11-4  good cause shown by the claimant or victim.
   11-5        (c)  Subsection (a) of this section does not apply to a
   11-6  claimant or victim if:
   11-7              (1)  the <claimant> victim is a child <who is the
   11-8  victim>; or
   11-9              (2)  the claimant or victim is an immediate family or
  11-10  household member of a child who is the victim, and the immediate
  11-11  family or household member, as the direct result of the criminally
  11-12  injurious conduct, requires psychological or psychiatric
  11-13  counseling.
  11-14        (d)  If a claimant or victim presents medically documented
  11-15  evidence of a physical incapacity that was incurred by the claimant
  11-16  or victim as a result of the criminally injurious conduct and that
  11-17  reasonably prevented claimant or victim the from filing the
  11-18  application within the limitations period under Subsection (a) of
  11-19  this section, the period of the incapacity is not included.
  11-20        (e)  If the victim is a child, the application must be filed
  11-21  within one year from the date the claimant or victim is made aware
  11-22  of the crime but not after the child is 19 <18> years of age.
  11-23        Art. 56.38.  Review; Verification.  (a)  The attorney general
  11-24  shall appoint a clerk to review each application for compensation
  11-25  under Section 56.36 of this code to ensure the application is
   12-1  complete.  If an application is not complete, the clerk shall
   12-2  return it to the claimant or victim and give a brief statement
   12-3  showing the additional information required.  Not later than the
   12-4  30th day after receiving a returned application, a claimant or
   12-5  victim may:
   12-6              (1)  supply the additional information; or
   12-7              (2)  appeal the action to the attorney general, who
   12-8  shall review the application to determine whether it is complete.
   12-9        (b)  The attorney general may investigate an application.
  12-10        (c)  Incident to the attorney general's review, verification,
  12-11  and hearing duties under this subchapter, the attorney general may:
  12-12              (1)  <request from prosecuting attorneys and law
  12-13  enforcement officers investigations and information to enable the
  12-14  attorney general to determine whether and the extent to which a
  12-15  victim qualifies for an award;>
  12-16              <(2)>  subpoena witnesses and administer oaths to
  12-17  determine whether and the extent to which a claimant or victim
  12-18  qualifies for an award; and
  12-19              (2) <(3)>  order a claimant or victim to submit to a
  12-20  mental or physical examination by a physician or psychologist or
  12-21  order an autopsy of a deceased victim as provided by Section 56.39
  12-22  of this code, if the mental, physical, or emotional condition of a
  12-23  claimant or victim is material to a claim.
  12-24        (d)  Law enforcement agencies shall furnish all reports,
  12-25  including witness statements and criminal history information upon
   13-1  request within 14 calendar days to enable the attorney general to
   13-2  determine whether and to what extent a claimant or victim qualifies
   13-3  for an award.
   13-4        Art. 56.385.  UTILIZATION REVIEW.  (a)  The attorney general
   13-5  may adopt rules under which the attorney general may conduct or
   13-6  contract for a utilization review of applications for benefits or
   13-7  claims for pecuniary loss relating to health services.
   13-8        (b)  In this section, 'utilization review' means a system for
   13-9  prospective, concurrent, or retrospective review of the necessity
  13-10  and appropriateness of services being provided or proposed to be
  13-11  provided to a claimant or victim.
  13-12        (c)  The attorney general shall not compensate for health
  13-13  care services which are determined by the attorney general to be
  13-14  medically unnecessary and health care providers shall hold neither
  13-15  the office of the attorney general, claimants or victims
  13-16  responsible for such charges.
  13-17        Art. 56.39.  Mental or Physical Examination; Autopsy.  (a)
  13-18  An order for a mental or physical examination or an autopsy as
  13-19  provided by Section 56.38(c)(3) of this code may be made for good
  13-20  cause shown on notice to the person to be examined and to all
  13-21  persons who have appeared.
  13-22        (b)  An order shall:
  13-23              (1)  specify the time, place, manner, conditions, and
  13-24  scope of the examination or autopsy;
  13-25              (2)  specify the person by whom the examination or
   14-1  autopsy is to be made; and
   14-2              (3)  require the person making the examination or
   14-3  autopsy to file with the attorney general a detailed written report
   14-4  of the examination or autopsy.
   14-5        (c)  A report shall set out the findings of the person making
   14-6  the examination or autopsy, including:
   14-7              (1)  the results of any tests made; and
   14-8              (2)  diagnoses, prognoses, and other conclusions and
   14-9  reports of earlier examinations of the same conditions.
  14-10        (d)  On request of the person examined, the attorney general
  14-11  shall furnish the person with a copy of the report.  If the victim
  14-12  is deceased, the attorney general on request shall furnish the
  14-13  claimant with a copy of the report.
  14-14        (e)  A physician or psychologist making an examination or
  14-15  autopsy under this section shall be compensated from funds
  14-16  appropriated for the administration of this subchapter.
  14-17        Art. 56.40.  Hearings.  (a)  The attorney general shall
  14-18  determine whether a hearing on an application for compensation
  14-19  under this subchapter is necessary.
  14-20        (b)  If the attorney general determines that a hearing is not
  14-21  necessary, the attorney general may approve the application in
  14-22  accordance with the provisions of Section 56.41 of this code.
  14-23        (c)  If the attorney general determines that a hearing is
  14-24  necessary or the claimant or victim requests a hearing, the
  14-25  attorney general shall consider the application at a hearing at a
   15-1  time and place of the attorney general's choosing.  The attorney
   15-2  general shall notify all interested persons not less than 10 days
   15-3  before the date of the hearing.
   15-4        (d)  At the hearing the attorney general shall:
   15-5              (1)  review the application for assistance and the
   15-6  report prepared under Section 56.39 of this code and any other
   15-7  evidence obtained as a result of the attorney general's
   15-8  investigation; and
   15-9              (2)  receive other evidence that the attorney general
  15-10  finds necessary or desirable to evaluate the application properly.
  15-11        (e)  The attorney general may appoint hearing officers to
  15-12  conduct hearings or prehearing conferences under this subchapter.
  15-13        (f)  A hearing or prehearing conference is open to the public
  15-14  unless in a particular case the hearing officer or attorney general
  15-15  determines that the hearing or prehearing conference or a part of
  15-16  it should be held in private because a criminal suspect has not
  15-17  been apprehended or because it is in the interest of the claimant
  15-18  or victim.
  15-19        (g)  The attorney general may suspend the proceedings pending
  15-20  disposition of a criminal prosecution that has been commenced or is
  15-21  imminent, but may make an emergency award under Section 56.50 of
  15-22  this code.
  15-23        (h)  Subchapters C through H, Chapter 2001, Government Code,
  15-24  do not apply to the attorney general or the attorney general's
  15-25  orders and decisions.
   16-1        Art. 56.41.  Approval of Claim.  (a)  The attorney general
   16-2  shall approve an application for compensation under this subchapter
   16-3  if the attorney general finds by a preponderance of the evidence
   16-4  that grounds for compensation under this subchapter exist.
   16-5        (b)  The attorney general shall deny an application for
   16-6  compensation under this subchapter if:
   16-7              (1)  the criminally injurious conduct is not reported
   16-8  as provided by Section 56.46 of this code;
   16-9              (2)  the application is not made in the manner provided
  16-10  by Sections 56.36 and 56.37 of this code;
  16-11              (3)  the claimant or victim <or individual whose injury
  16-12  or death gives rise to the application> knowingly and willingly
  16-13  participated in the criminally injurious conduct;
  16-14              (4)  the claimant or victim is the offender or an
  16-15  accomplice of the offender;
  16-16              (5)  an award of compensation to the claimant or victim
  16-17  would benefit the offender or an accomplice of the offender; or
  16-18              (6)  the victim was incarcerated in a penal
  16-19  institution, as defined by Section 1.07(26), Penal Code, at the
  16-20  time the offense was committed.
  16-21        (c)  Except as provided by rules adopted by the attorney
  16-22  general to prevent the unjust enrichment of an offender, the
  16-23  attorney general may not deny an award otherwise payable to a
  16-24  claimant or victim because the claimant or victim:
  16-25              (1)  is an immediate family member of the offender; or
   17-1              (2)  resides in the same household as the offender.
   17-2        Art. 56.42.  Limits on Compensation.  (a)  <A claimant is not
   17-3  entitled to compensation for pecuniary loss under this subchapter:>
   17-4              <(1)  in excess of $200 a week for:>
   17-5                    <(A)  actual loss of past earnings or anticipated
   17-6  loss of future earnings; or>
   17-7                    <(B)  loss of support to a dependent;>
   17-8              <(2)  for actual loss of past earnings or anticipated
   17-9  loss of future earnings if the victim is an accomplice of the
  17-10  offender;>
  17-11              <(3)  for loss of support to a dependent after the date
  17-12  the dependence would have ended if the victim had survived;>
  17-13              <(4)  for care of a minor child in excess of:>
  17-14                    <(A)  $50 a week for one child;>
  17-15                    <(B)  $100 a week for two children; or>
  17-16                    <(C)  $125 a week for three or more children;>
  17-17              <(5)  for loss of support to a dependent or care of a
  17-18  minor child as a result of death, if the expense is otherwise
  17-19  compensated for as a pecuniary loss for individual injury; or>
  17-20              <(6)  for loss attributable to pain and suffering.>
  17-21        <(b)>  Awards payable to a victim and all other claimants
  17-22  sustaining pecuniary loss because of injury or death of that victim
  17-23  may not exceed $25,000 in the aggregate.
  17-24        (b)  In addition to the amount in (a), the attorney general
  17-25  may make an award of an additional $25,000 for extraordinary
   18-1  pecuniary losses, if the personal injury to a victim is
   18-2  catastrophic and results in a total and permanent disability to the
   18-3  victim for lost wages and reasonable and necessary costs of:
   18-4              (1)  making a home or automobile accessible;
   18-5              (2)  receiving job training and vocational
   18-6  rehabilitation;
   18-7              (3)  training in the use of special appliances; and
   18-8              (4)  home health care.
   18-9        (c)  All other pecuniary losses compensated for in this
  18-10  subchapter are subject to limitations set forth in the
  18-11  administrative rules promulgated by the attorney general and
  18-12  contained in 1 TEX.ADMIN.CODE Subsection 61.1 et seq.
  18-13        Art. 56.43.  Attorney Fees.  (a)  As part of an order, the
  18-14  attorney general shall determine and award reasonable attorney's
  18-15  fees, commensurate with legal services rendered, to be paid by the
  18-16  state to the attorney representing the claimant or victim.
  18-17  Attorney fees shall not exceed 25 percent of the amount the
  18-18  attorney assisted the claimant or victim in obtaining.  Where there
  18-19  is no dispute of the attorney general's determination of the amount
  18-20  of the award due to the claimant or victim and where no hearing is
  18-21  held, the attorney fee shall be the lesser of either 25 percent of
  18-22  the amount the attorney assisted the claimant or victim in
  18-23  obtaining or $300.
  18-24        (b)  Attorney fees may be denied on a finding that the claim
  18-25  or appeal is frivolous.
   19-1        (c)  An award of attorney fees is in addition to an award of
   19-2  compensation.
   19-3        (d)  An attorney may not contract for or receive an amount
   19-4  larger than that allowed under this section.
   19-5        (e)  Attorney fees may not be paid to an attorney of a
   19-6  claimant or victim unless an award is made to the claimant or
   19-7  victim.
   19-8        Art. 56.44.  Payments.  (a)  The attorney general may provide
   19-9  for the payment of an award in a lump sum or in installments.  The
  19-10  attorney general shall provide that the part of an award equal to
  19-11  the amount of pecuniary loss accrued to the date of the award be
  19-12  paid in a lump sum.  Except as provided in Subsection (b) of this
  19-13  section, the attorney general shall pay the part of an award for
  19-14  allowable expense that accrues after the award is made in
  19-15  installments.
  19-16        (b)  At the request of the claimant or victim, the attorney
  19-17  general may provide that an award for future pecuniary loss be paid
  19-18  in a lump sum if the attorney general finds that:
  19-19              (1)  paying the award in a lump sum will promote the
  19-20  interests of the claimant or victim; or
  19-21              (2)  the present value of all future pecuniary loss
  19-22  does not exceed $1,000.
  19-23        (c)  The attorney general may not provide for an award for
  19-24  future pecuniary loss payable in installments for a period for
  19-25  which the attorney general cannot reasonably determine the future
   20-1  pecuniary loss.
   20-2        (d)  The attorney general shall only make payments to a
   20-3  claimant or victim designated under Article 56.32(2).
   20-4        Art. 56.45.  Denial or Reduction of Award.  The attorney
   20-5  general may deny or reduce an award otherwise payable:
   20-6              (1)  if the claimant or victim has not substantially
   20-7  cooperated with an appropriate law enforcement agency;
   20-8              (2)  if the claimant or victim bears a share of the
   20-9  responsibility for the act or omission giving rise to the claim
  20-10  because of the victim's behavior <at the time of the act or
  20-11  omission>; <or>
  20-12              (3)  to the extent that pecuniary loss is recouped from
  20-13  another person, including a collateral source; or<.>
  20-14              (4)  if the claimant or victim was engaged in illegal
  20-15  activity at the time of the crime.
  20-16        Art. 56.46.  Reporting of Crime.  (a)  Except as otherwise
  20-17  provided by this section, a claimant or victim may not file an
  20-18  application unless the victim reports the criminally injurious
  20-19  conduct to the appropriate state or local public safety or law
  20-20  enforcement agency not later than 72 hours after the criminally
  20-21  injurious conduct is committed.
  20-22        (b)  The attorney general may extend the time for reporting
  20-23  the criminally injurious conduct if the attorney general determines
  20-24  that the extension is justified by extraordinary circumstances.
  20-25        (c)  Subsection (a) of this section does not apply if the
   21-1  victim is a child.
   21-2        Art. 56.47.  Reconsideration.  (a)  The attorney general, on
   21-3  the attorney general's own motion or on request of a claimant or
   21-4  victim, may reconsider:
   21-5              (1)  a decision to make or deny an award; or
   21-6              (2)  the amount of an award.
   21-7        (b)  At least annually, the attorney general shall reconsider
   21-8  each award being paid in installments.
   21-9        (c)  An order on reconsideration may <not> require refund of
  21-10  amounts previously paid by mistake <paid unless the award was>,
  21-11  obtained by fraud, or in cases where newly discovered evidence
  21-12  renders the claimant or victim ineligible under Articles 56.41 or
  21-13  56.45.
  21-14        (d)  The right of reconsideration does not affect the
  21-15  finality of an attorney general decision for the purpose of
  21-16  judicial review.
  21-17        Art. 56.48.  Judicial Review.  (a)  Not later than the 20th
  21-18  day after the attorney general renders a final decision, a claimant
  21-19  or victim may file with the attorney general a notice of
  21-20  dissatisfaction with the decision.  Not later than the 20th day
  21-21  after the claimant or victim gives notice, the claimant or victim
  21-22  shall bring suit in the district court having jurisdiction in the
  21-23  county in which:
  21-24              (1)  the injury or death occurred; or
  21-25              (2)  the victim resided at the time the injury or death
   22-1  occurred; except that suit shall be brought in the county where the
   22-2  injury or death occured if the victim resided out of state at the
   22-3  time of the injury or death.
   22-4        (b)  While judicial review of a decision by the attorney
   22-5  general is pending, the attorney general:
   22-6              (1)  shall suspend payments to the claimant or victim;
   22-7  and
   22-8              (2)  may not reconsider the award.
   22-9        (c)  The court shall determine the issues by trial de novo.
  22-10  The burden of proof is on the claimant or victim.
  22-11        (d)  A court may award up to 25% of the total recovery by the
  22-12  claimant or victim in <additional> attorney fees <to a claim> in
  22-13  the event of review.
  22-14        (e)  In computing a period under this section, if the last
  22-15  day is a legal holiday or Sunday, the last day is not counted, and
  22-16  the time is extended to include the next business day.
  22-17        Art. 56.49.  Exemption; Assignability.  (a)  An award is not
  22-18  subject to execution, attachment, garnishment, or other process,
  22-19  except that an award is not exempt from a claim of a creditor to
  22-20  the extent that the creditor provided products, services, or
  22-21  accommodations, the costs of which are included in the award.
  22-22        (b)  An assignment or agreement to assign a right to benefits
  22-23  for loss accruing in the future is unenforceable except:
  22-24              (1)  an assignment of a right to benefits for loss of
  22-25  earnings is enforceable to secure payment of alimony, maintenance,
   23-1  or child support; and
   23-2              (2)  an assignment of a right to benefits is
   23-3  enforceable to the extent that the benefits are for the cost of
   23-4  products, services, or accommodations:
   23-5                    (A)  made necessary by the injury or death on
   23-6  which the claim is based; and
   23-7                    (B)  provided or to be provided by the assignee.
   23-8        Art. 56.50.  Emergency Award.  (a)  The attorney general may
   23-9  make an emergency award if, before acting on an application for
  23-10  compensation under this subchapter, it appears likely that:
  23-11              (1)  a final award will be made; and
  23-12              (2)  the claimant or victim will suffer undue hardship
  23-13  if immediate economic relief is not obtained.
  23-14        (b)  An emergency award may not exceed $1,500.
  23-15        (c)  The amount of an emergency award shall be:
  23-16              (1)  deducted from the final award; or
  23-17              (2)  repaid by and recoverable from the claimant or
  23-18  victim to the extent the emergency award exceeds the final award.
  23-19        Art. 56.51.  Subrogation.  If compensation is awarded under
  23-20  this subchapter, the state is subrogated to all the claimant's or
  23-21  victim's rights to receive or recover benefits for pecuniary loss
  23-22  to the extent compensation is awarded from a collateral source.
  23-23        Art. 56.52.  Notice of Private Action.  (a)  Before a
  23-24  claimant or victim may bring an action to recover damages related
  23-25  to criminally injurious conduct for which compensation under this
   24-1  subchapter is claimed or awarded, the claimant or victim must give
   24-2  the attorney general written notice of the proposed action.  After
   24-3  receiving the notice, the attorney general shall promptly:
   24-4              (1)  join in the action as a party plaintiff to recover
   24-5  benefits awarded;
   24-6              (2)  require the claimant or victim to bring the action
   24-7  in the claimant's or victim's name as a trustee on behalf of the
   24-8  state to recover benefits awarded; or
   24-9              (3)  reserve the attorney general's rights and do
  24-10  neither in the proposed action.
  24-11        (b)  If the claimant or victim brings the action as trustee
  24-12  and recovers compensation awarded by the attorney general, the
  24-13  claimant or victim may deduct from the benefits recovered on behalf
  24-14  of the state the reasonable expenses of the suit, including
  24-15  attorney fees, expended in pursuing the recovery for the state.
  24-16  The claimant or victim must justify this deduction in writing to
  24-17  the attorney general on a form provided by the attorney general.
  24-18        (c)  A claimant or victim shall not settle or resolve any
  24-19  such action without written authorization to do so from the
  24-20  attorney general.  No third party or agents, insurers, or attorneys
  24-21  for third parties shall participate in the settlement or resolution
  24-22  of such an action if they actually know, or should know, that the
  24-23  claimant or victim has received moneys from the fund and is subject
  24-24  to the subrogation provisions of this section.  Any attempt by such
  24-25  third party, or agents, insurers, or attorneys of third parties to
   25-1  settle an action is void and shall result in no release from
   25-2  liability to the fund for any rights subrogated pursuant to this
   25-3  section.  All such agents, insurers, and attorneys are personally
   25-4  liable to the fund for any moneys paid to a claimant or victim in
   25-5  violation of this subsection, up to the full amount of the fund's
   25-6  right to reimbursement.  A claimant, victim, third party, or any
   25-7  agents, attorneys, or insurers of third parties who knowingly or
   25-8  intentionally fail to comply with the requirements of this chapter
   25-9  commits a Class B misdemeanor.
  25-10        (d)  A person adjudged guilty of a Class B misdemeanor shall
  25-11  be punished by:
  25-12              (1)  a fine not to exceed $500;
  25-13              (2)  confinement in jail for a term not to exceed 180
  25-14  days; or
  25-15              (3)  both such fine and imprisonment.
  25-16        Art. 56.53.  Annual Report.  Annually, the attorney general
  25-17  shall report to the governor and the legislature on the attorney
  25-18  general's activities, including a statistical summary of claims and
  25-19  awards made and denied.  The reporting period is the state fiscal
  25-20  year.  The attorney general shall file the report not later than
  25-21  the 100th <60th> day after the end of the fiscal year.
  25-22        Art. 56.54.  Funds.  (a)  The compensation to victims of
  25-23  crime fund and the compensation to victims of crime auxiliary fund
  25-24  are in the state treasury.
  25-25        (b)  The compensation to victims of crime fund may be used by
   26-1  the attorney general only for the payment of compensation to
   26-2  claimants or victims under this subchapter and other expenses in
   26-3  administering this subchapter.
   26-4        (c)  The compensation to victims of crime auxiliary fund may
   26-5  be used by the attorney general only for the payment of
   26-6  compensation to claimants or victims under this subchapter.
   26-7        (d)  The attorney general may not make compensation payments
   26-8  in excess of the amount of money available from the combined funds.
   26-9        (e)  General revenues may not be used for payments under this
  26-10  subchapter.
  26-11        (f)  The office of the attorney general is authorized to
  26-12  accept gifts, grants, and donations to be credited to the
  26-13  compensation to victims of crime fund and compensation to victims
  26-14  of crime auxiliary fund and shall file annually with the governor
  26-15  and the presiding officer of each house of the legislature a
  26-16  complete and detailed written report accounting for all gifts,
  26-17  grants, and donations received and disbursed, used, or maintained
  26-18  by the office of the attorney general that are credited to these
  26-19  funds.
  26-20        (g)  Money in the compensation to victims of crime fund or in
  26-21  the compensation to victims of crime auxiliary fund may be used
  26-22  only as provided by this subchapter and is not available for any
  26-23  other purpose.
  26-24        Art. 56.55.  Court Costs.  (a)  A person shall pay:
  26-25              (1)  $45 as a court cost on conviction of a felony;
   27-1              (2)  $35 as a court cost on conviction of a violation
   27-2  of a municipal ordinance punishable by a fine of more than $200 or
   27-3  on conviction of a misdemeanor punishable by imprisonment or by a
   27-4  fine of more than $500; or
   27-5              (3)  $15 as a court cost on conviction of a violation
   27-6  of a municipal ordinance punishable by a fine of not more than $200
   27-7  or on conviction of a misdemeanor punishable by a fine of not more
   27-8  than $500, other than a conviction of a misdemeanor offense or a
   27-9  violation of a municipal ordinance relating to pedestrians and the
  27-10  parking of motor vehicles.
  27-11        (b)  The court shall assess and make a reasonable effort to
  27-12  collect the cost due under this section whether any other court
  27-13  cost is assessed or collected.
  27-14        (c)  In this section, a person is considered to have been
  27-15  convicted if:
  27-16              (1)  a sentence is imposed;
  27-17              (2)  the defendant receives probation or deferred
  27-18  adjudication; or
  27-19              (3)  the court defers final disposition of the case.
  27-20        (d)  Court costs under this section are collected in the same
  27-21  manner as other fines or costs.
  27-22        Art. 56.56.  Deposit and Remittance of Court Costs.  (a)  The
  27-23  officer collecting the costs in a municipal court case shall keep
  27-24  separate records of the funds collected as costs under Section
  27-25  56.55 of this code and shall deposit the funds in the municipal
   28-1  treasury.  The officer collecting the costs in a justice, county,
   28-2  or district court case shall keep separate records of the funds
   28-3  collected as costs under Section 56.55 of this code and shall
   28-4  deposit the funds in the county treasury.
   28-5        (b)  The custodian of a municipal or county treasury shall:
   28-6              (1)  keep records of the amount of funds on deposit
   28-7  collected under Section 56.55 of this code; and
   28-8              (2)  send to the comptroller before the last day of the
   28-9  first month following each calendar quarter the funds collected
  28-10  during the preceding quarter.
  28-11        (c)  A municipality or county may retain 10 percent of the
  28-12  funds collected under Section 56.55 of this code as a collection
  28-13  fee if the custodian of the treasury:
  28-14              (1)  keeps records of the amount of funds on deposit
  28-15  collected under Section 56.55 of this code; and
  28-16              (2)  sends to the comptroller the funds within the
  28-17  period prescribed by Subsection (b)(2) of this section.
  28-18        (d)  If no funds due as costs under Section 56.55 of this
  28-19  code are collected by a custodian of a municipal or county treasury
  28-20  in a quarter, the custodian shall file the report required for the
  28-21  quarter in the regular manner and must state that no funds were
  28-22  collected.
  28-23        Art. 56.57.  Deposit by Comptroller; Audit.  (a)  The
  28-24  comptroller shall deposit the funds received under Section 56.56 of
  28-25  this code and all other moneys credited to the fund by any other
   29-1  provision of law in the compensation to victims of crime fund.
   29-2        (b)  Funds collected are subject to audit by the comptroller.
   29-3  Funds spent are subject to audit by the state auditor.
   29-4        Art. 56.58.  Adjustment of Awards and Payments.  (a)  The
   29-5  attorney general shall establish a policy to adjust awards and
   29-6  payments so that the total amount of awards granted in each
   29-7  calendar year does not exceed the amount of money credited to the
   29-8  fund during that year.
   29-9        (b)  When the attorney general has established a policy to
  29-10  adjust awards under this article, neither the attorney general nor
  29-11  the claimant or victim shall be held responsible for the amount of
  29-12  charges incurred in excess of the adjusted amount for the service
  29-13  upon which the adjusted payment is based.  When the provider of
  29-14  service accepts a payment that has been adjusted by a policy
  29-15  established pursuant to this article, the provider of service
  29-16  agrees to accept the adjusted payment as payment in full for the
  29-17  service and this agreement bars any legal action against the
  29-18  claimant or victim for collection.
  29-19        Art. 58.59.  Attorney General Supervision of Collection of
  29-20  Costs; Failure to Comply.  (a)  If the attorney general has reason
  29-21  to believe that a court has not been assessing costs due under
  29-22  Section 56.55 of this code or has not been making a reasonable
  29-23  effort to collect those costs, the attorney general shall send a
  29-24  warning letter to the court or the governing body of the
  29-25  governmental unit in which the court is located.
   30-1        (b)  Within 60 days after receipt of a warning letter, the
   30-2  court or governing body shall respond in writing to the attorney
   30-3  general, specifically referring to the charges in the warning
   30-4  letter.
   30-5        (c)  If the court or governing body does not respond or if
   30-6  the attorney general considers the response inadequate, the
   30-7  attorney general may request the comptroller to audit the records
   30-8  of:
   30-9              (1)  the court;
  30-10              (2)  the officer charged with collecting the costs; or
  30-11              (3)  the treasury of the governmental unit in which the
  30-12  court is located.
  30-13        (d)  The comptroller shall give the attorney general the
  30-14  results of the audit.
  30-15        (e)  If, using the results of the audit and other evidence
  30-16  available, the attorney general finds that a court is not assessing
  30-17  costs due under Section 56.55 of this code or is not making a
  30-18  reasonable effort to collect those costs, the attorney general may:
  30-19              (1)  refuse to award compensation under this subchapter
  30-20  to residents of the jurisdiction served by the court; or
  30-21              (2)  notify the State Commission on Judicial Conduct of
  30-22  the findings.
  30-23        (f)  The failure, refusal, or neglect of a judicial officer
  30-24  to comply with a requirement of Section 56.55 of this code:
  30-25              (1)  constitutes official misconduct; and
   31-1              (2)  is grounds for removal from office.
   31-2        Art. 56.60.  Public Notice.  (a)  A hospital licensed under
   31-3  the laws of this state shall display prominently in its emergency
   31-4  room posters giving notification of the existence and general
   31-5  provisions of this subchapter.  The attorney general shall set
   31-6  standards for the location of the display and shall provide
   31-7  posters, application forms, and general information regarding this
   31-8  subchapter to each hospital and physician licensed to practice in
   31-9  this state.
  31-10        (b)  Each local law enforcement agency shall inform a
  31-11  claimant or victim of criminally injurious conduct of the
  31-12  provisions of this subchapter and provide application forms <to a
  31-13  victim who desires assistance>.  The attorney general shall provide
  31-14  application forms and all other documents that local law
  31-15  enforcement agencies may require to comply with this section.  The
  31-16  attorney general shall set standards to be followed by local law
  31-17  enforcement agencies for this purpose and may require them to file
  31-18  with the attorney general a description of the procedures adopted
  31-19  by each agency to comply.
  31-20        Art. 56.61.  Compensation for Certain Criminally Injurious
  31-21  Conduct Prohibited.  The attorney general may not award
  31-22  compensation for economic loss arising from criminally injurious
  31-23  conduct that occurred before January 1, 1980.
  31-24        Art. 56.62.  PUBLIC LETTER OF REPRIMAND.  (a)  The attorney
  31-25  general may issue a letter of reprimand against an individual if
   32-1  the attorney general finds that the person has filed or has caused
   32-2  to be filed under this Act an application for benefits or claim for
   32-3  pecuniary loss that contains a statement or representation that the
   32-4  person knows to be false.
   32-5        (b)  The attorney general must give the person notice of the
   32-6  proposed action before issuing the letter.
   32-7        (c)  A proposal to issue a letter of reprimand is considered
   32-8  a contested case for purposes of the Administrative Procedure and
   32-9  Texas Register Act (Article 6252-13a, Vernon's Texas Civil
  32-10  Statutes) and its subsequent amendments.
  32-11        (d)  A letter of reprimand issued under this section is
  32-12  public information.
  32-13        Art. 56.63.  CIVIL PENALTY.  (a)  A person is subject to a
  32-14  civil penalty of not less than $2,500 or more than $25,000 for each
  32-15  application for benefits or claim for pecuniary loss that:
  32-16              (1)  the person files or causes to be filed under this
  32-17  subchapter; and
  32-18              (2)  contains a statement or representation that the
  32-19  person knows to be false.
  32-20        (b)  The attorney general shall institute and conduct the
  32-21  suit authorized by this section in the name of this state.
  32-22        (c)  A civil penalty recovered under this section shall be
  32-23  deposited to the credit of the compensation to victims of crime
  32-24  fund.
  32-25        (d)  The civil penalty authorized by this section is in
   33-1  addition to any other civil, administrative, or criminal penalty
   33-2  provided by law.
   33-3        (e)  In addition to the civil penalty authorized by this
   33-4  section, the attorney general may recover all expenses incurred by
   33-5  the attorney general in the investigation, institution, and
   33-6  prosecution of the suit including investigative costs, witness
   33-7  fees, attorney fees, and deposition expenses.
   33-8        Art. 56.64.  ADMINISTRATIVE PENALTY.  (a)  A person who
   33-9  presents or causes to be presented to the attorney general an
  33-10  application for benefits or claim for pecuniary loss that contains
  33-11  a statement or representation the person knows to be false is
  33-12  liable to the attorney general for:
  33-13              (1)  the amount paid because of the false application
  33-14  for benefits or claim for pecuniary loss and interest on that
  33-15  amount determined at the rate provided by law for legal judgments
  33-16  and accruing from the date on which the payment was made;
  33-17              (2)  payment of an administrative penalty not to exceed
  33-18  twice the amount paid because of the false application for benefits
  33-19  or claim for pecuniary loss; and
  33-20              (3)  payment of an administrative penalty of not more
  33-21  than $10,000 for each item or service for which payment was
  33-22  claimed.
  33-23        (b)  In determining the amount of the penalty to be assessed
  33-24  under Subsection (a)(3) of this section, the attorney general shall
  33-25  consider:
   34-1              (1)  the seriousness of the violation;
   34-2              (2)  whether the person had previously submitted a
   34-3  false application for benefits or claim for pecuniary loss; and
   34-4              (3)  the amount necessary to deter the person from
   34-5  submitting future false applications for benefits or claims for
   34-6  pecuniary loss.
   34-7        (c)  If the attorney general determines that a violation has
   34-8  occurred, the attorney general may issue a report that states the
   34-9  facts on which the determination is made and the attorney general's
  34-10  recommendation on the imposition of a penalty, including a
  34-11  recommendation on the amount of the penalty.
  34-12        (d)  The attorney general shall give written notice of the
  34-13  report to the person.  The notice may be given by certified mail.
  34-14  The notice must:
  34-15              (1)  include a brief summary of the alleged violation;
  34-16              (2)  include a statement of the amount of the
  34-17  recommended penalty; and
  34-18              (3)  inform the person that the person has a right to a
  34-19  hearing on the occurrence of the violation, the amount of the
  34-20  penalty, or both the occurrence of the violation and the amount of
  34-21  the penalty.
  34-22        (e)  Within 20 days after the date the person receives the
  34-23  notice, the person in writing may:
  34-24              (1)  accept the determination and recommended penalty
  34-25  of the attorney general; or
   35-1              (2)  make a written request for a hearing on the
   35-2  occurrence of the violation, the amount of the penalty, or both the
   35-3  occurrence of the violation and the amount of the penalty.
   35-4        (f)  If the person accepts the determination and recommended
   35-5  penalty of the attorney general, the attorney general by order
   35-6  shall approve the determination and impose the recommended penalty.
   35-7        (g)  If the person requests a hearing or fails to respond
   35-8  timely to the notice, the attorney general shall set a hearing and
   35-9  give notice of the hearing to the person.  The administrative law
  35-10  judge shall make findings of facts and conclusions of law and
  35-11  promptly issue to the attorney general a proposal for a decision
  35-12  about the occurrence of the violation and the amount of a proposed
  35-13  penalty.  According to the findings of fact, conclusions of law,
  35-14  and proposal for a decision, the attorney general by order may find
  35-15  that a violation has occurred and impose a penalty or may find that
  35-16  a violation has not occurred.
  35-17        (h)  The notice of the attorney general's order given to the
  35-18  person under Chapter 2001, Government Code, must include a
  35-19  statement of the right of the person to judicial review of the
  35-20  order.
  35-21        (i)  Within 30 days after the date the attorney general's
  35-22  order is final under Section 2001.144, Government Code, the person
  35-23  shall:
  35-24              (1)  pay the amount of the penalty;
  35-25              (2)  pay the amount of the penalty and file a petition
   36-1  for judicial review contesting the occurrence of the violation, the
   36-2  amount of the penalty, or both the occurrence of the violation and
   36-3  the amount of the penalty; or
   36-4              (3)  without paying the amount of the penalty, file a
   36-5  petition for judicial review contesting the occurrence of the
   36-6  violation, the amount of the penalty, or both the occurrence of the
   36-7  violation and the amount of the penalty.
   36-8        (j)  Within the 30-day period, a person who acts under
   36-9  Subsection (i)(3) may:
  36-10              (1)  stay enforcement of the penalty by:
  36-11                    (A)  paying the amount of the penalty to the
  36-12  court for placement in an escrow account; or
  36-13                    (B)  giving to the court a supersedeas bond
  36-14  approved by the court for the amount of the penalty and that is
  36-15  effective until all judicial review of the attorney general's order
  36-16  is final; or
  36-17              (2)  request the court to stay enforcement of the
  36-18  penalty by:
  36-19                    (A)  filing with the court a sworn affidavit of
  36-20  the person stating that the person is financially unable to pay the
  36-21  amount of the penalty and is financially unable to give the
  36-22  supersedeas bond; and
  36-23                    (B)  giving a copy of the affidavit to the
  36-24  attorney general by certified mail.
  36-25        (k)  On receipt by the attorney general of a copy of an
   37-1  affidavit under Subsection (j)(2), the attorney general may file,
   37-2  with the court within five days after the date the copy is
   37-3  received, a contest to the affidavit.  The court shall hold a
   37-4  hearing on the facts alleged in the affidavit as soon as
   37-5  practicable and shall stay the enforcement of the penalty on
   37-6  finding that the alleged facts are true.  The person who files an
   37-7  affidavit has the burden of proving that the person is financially
   37-8  unable to pay the amount of the penalty and to give a supersedeas
   37-9  bond.
  37-10        (l)  If the person does not pay the amount of the penalty and
  37-11  the enforcement of the penalty is not stayed, the attorney general
  37-12  may file suit for collection of the amount of the penalty.
  37-13        (m)  Judicial review of the order of the attorney general:
  37-14              (1)  is instituted by filing a petition as provided by
  37-15  Section 2001.176, Government Code; and
  37-16              (2)  is under the substantial evidence rule.
  37-17        (n)  If the court sustains the occurrence of the violation,
  37-18  the court may uphold or reduce the amount of the penalty and order
  37-19  the person to pay the full or reduced amount of the penalty.  If
  37-20  the court does not sustain the occurrence of the violation, the
  37-21  court shall order that no penalty is owed.
  37-22        (o)  When the judgment of the court becomes final, the court
  37-23  shall proceed under this subsection.  If the person paid the amount
  37-24  of the penalty and if that amount is reduced or is not upheld by
  37-25  the court, the court shall order that the appropriate amount plus
   38-1  accrued interest be remitted to the person.  The rate of the
   38-2  interest is the rate charged on loans to depository institutions by
   38-3  the New York Federal Reserve Bank, and the interest shall be paid
   38-4  for the period beginning on the date the penalty was paid and
   38-5  ending on the date the penalty is remitted.  If the person gave a
   38-6  supersedeas bond and if the amount of the penalty is not upheld by
   38-7  the court, the court shall order the release of the bond.  If the
   38-8  person gave a supersedeas bond and if the amount of the penalty is
   38-9  reduced, the court shall order the release of the bond after the
  38-10  person pays the amount.
  38-11        (p)  A penalty collected under this section shall be sent to
  38-12  the comptroller and deposited to the credit of the compensation to
  38-13  victims of crime fund.
  38-14        (q)  All proceedings under this section are subject to
  38-15  Chapter 2001, Government Code.
  38-16        (r)  In addition to the administrative penalty authorized by
  38-17  this section, the attorney general may recover all expenses
  38-18  incurred by the attorney general in the investigation, institution,
  38-19  and prosecution of the suit including investigative costs, witness
  38-20  fees, attorney fees, and deposition expenses.
  38-21        SECTION 2.  REPEALER.  The following provisions are repealed:
  38-22  Acts 1993, 73rd Leg., ch. 780, Subsection 5, 6; Acts 1993, 73rd
  38-23  Leg., ch. 983, Subsection 1, 3, 4.
  38-24        SECTION 3.  SEVERABILITY.  If any section, sentence, clause,
  38-25  or part of this Act shall, for any reason, be held invalid, such
   39-1  invalidity shall not affect the remaining portions of the Act, and
   39-2  it is hereby declared to be the intention of this legislature to
   39-3  have passed each section, sentence, clause, or part irrespective of
   39-4  the fact that any other section, sentence, clause, or part may be
   39-5  declared invalid.
   39-6        SECTION 4.  CIVIL CAUSES OF ACTION.  The changes in law made
   39-7  by this Act apply only to a cause of action that accrues on or
   39-8  after the effective date of this article.  A cause of action that
   39-9  accrues before the effective date of this article is governed by
  39-10  the law in effect on the date the cause of action accrues, and that
  39-11  law is continued in effect for this purpose.
  39-12        SECTION 5.  CRIMINAL OFFENSES OR VIOLATIONS.  (a)  The
  39-13  changes in law made by this Act apply only to a criminal offense
  39-14  committed or a violation that occurs on or after the effective date
  39-15  of this Act.  For the purposes of this Act, a criminal offense is
  39-16  committed or a violation occurs before the effective date of this
  39-17  Act if any element of the offense or violation occurs before that
  39-18  date.
  39-19        (b)  A criminal offense committed or violation that occurs
  39-20  before the effective date of this Act is covered by the law in
  39-21  effect when the criminal offense was committed or the violation
  39-22  occurred, and the former law is continued in effect for this
  39-23  purpose.
  39-24        SECTION 6.  EFFECTIVE DATE.  This Act takes effect on
  39-25  September 1, 1995.
   40-1        SECTION 7.  EMERGENCY.  The importance of this legislation
   40-2  and the crowded condition of the calendars in both houses create an
   40-3  emergency and an imperative public necessity that the
   40-4  constitutional rule requiring bills to be read on three several
   40-5  days in each house be suspended, and this rule is hereby suspended,
   40-6  and that this Act take effect and be in force from and after its
   40-7  passage, and it is so enacted.