By: Whitmire S.B. No. 1049
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the Crime Victims' Compensation Act; providing civil
1-2 and administrative penalties.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter B, Chapter 56, Code of Criminal
1-5 Procedure, is amended to read as follows:
1-6 SUBCHAPTER B. CRIME VICTIMS' COMPENSATION
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 AND INTENT. The
1-10 legislature recognizes that many innocent individuals suffer
1-11 personal injury or death as a result of criminal acts. Crime
1-12 victims and persons who intervene to prevent criminal acts often
1-13 suffer disabilities, incur financial burdens, or become dependent
1-14 on public assistance. The legislature finds that there is a need
1-15 for the compensation of victims of crime and those who suffer
1-16 personal injury or death in the prevention of crime or in the
1-17 apprehension of criminals. It is the legislature's intent that the
1-18 compensation of innocent victims of violent crime encourage greater
1-19 public cooperation in the successful apprehension and prosecution
1-20 of criminals.
1-21 Art. 56.32. DEFINITIONS. (a) In this subchapter:
1-22 (1) "Child" means an individual younger than 18 <17>
1-23 years of age who:
2-1 (A) is not married; or
2-2 (B) has not had the disabilities of minority
2-3 removed for general purposes under Chapter 31, Family Code.
2-4 (2) "Claimant" means, except as provided by Subsection
2-5 (b), any of the following individuals who is entitled to file or
2-6 has filed a claim for compensation under this subchapter:
2-7 (A) <a victim or> an authorized individual
2-8 <person> acting on behalf of a victim;
2-9 (B) an individual who legally assumes the
2-10 obligation or who voluntarily pays medical or burial expenses of a
2-11 victim incurred as a result of the criminally injurious conduct of
2-12 another;
2-13 (C) a dependent of a victim who died as a result
2-14 of criminally injurious conduct;
2-15 (D) an immediate family member or household
2-16 member of a victim who:
2-17 (i) is not a dependent of the victim; and
2-18 (ii) requires psychiatric care or
2-19 counseling as a result of the criminally injurious conduct of
2-20 another who injured the victim; or
2-21 (E) an authorized individual acting on behalf of
2-22 an individual who is described by Subdivision (C) or (D) and who is
2-23 a child.
2-24 (3) "Collateral source" means any of the following
2-25 sources of benefits or advantages for pecuniary loss that a
3-1 claimant or victim has received or that is readily available to the
3-2 claimant or victim:
3-3 (A) the offender under an order of restitution
3-4 to the claimant or victim imposed by a court as a condition of
3-5 community supervision <probation>;
3-6 (B) the United States, a federal agency, a state
3-7 or any of its political subdivisions, or an instrumentality of two
3-8 or more states, unless the law providing for the benefits or
3-9 advantages makes them in excess of or secondary to benefits under
3-10 this subchapter;
3-11 (C) social security, Medicare, or Medicaid;
3-12 (D) state-required temporary nonoccupational
3-13 disability insurance;
3-14 (E) workers' compensation;
3-15 (F) an employer's wage continuation program;
3-16 (G) proceeds of an insurance contract payable to
3-17 or on behalf of the claimant or victim for loss that the claimant
3-18 or victim sustained because of the criminally injurious conduct;
3-19 (H) a contract providing prepaid hospital and
3-20 other health care services or benefits for disability;
3-21 (I) proceeds awarded to the claimant or victim
3-22 as a result of third-party litigation; or
3-23 (J) proceeds of a life insurance contract
3-24 payable to the claimant or victim.
3-25 (4) "Criminally injurious conduct" means conduct that:
4-1 (A) occurs or is attempted;
4-2 (B) poses a substantial threat of personal
4-3 injury or death;
4-4 (C) is punishable by fine, imprisonment, or
4-5 death, or would be punishable by fine, imprisonment, or death if
4-6 the person engaging in the conduct possessed capacity to commit the
4-7 conduct; and
4-8 (D) does not arise out of the ownership,
4-9 maintenance, or use of a motor vehicle, aircraft, or water vehicle,
4-10 unless the conduct is intended to cause personal injury or death or
4-11 the conduct is in violation of Section 38, Uniform Act Regulating
4-12 Traffic on Highways (Article 6701d, Vernon's Texas Civil Statutes),
4-13 or one or more of the following sections of the Penal Code:
4-14 (i) Section 19.04 (manslaughter);
4-15 (ii) Section 19.05 (criminally negligent
4-16 homicide);
4-17 (iii) Section 22.02 (aggravated assault);
4-18 (iv) Section 49.04 (driving while
4-19 intoxicated);
4-20 (v) Section 49.05 (flying while
4-21 intoxicated);
4-22 (vi) Section 49.06 (boating while
4-23 intoxicated);
4-24 (vii) Section 49.07 (intoxication
4-25 assault); or
5-1 (viii) Section 49.08 (intoxication
5-2 manslaughter) <Article 6701l-1, Revised Statutes>.
5-3 (5) "Dependent" means:
5-4 (A) a surviving spouse;
5-5 (B) a person who is a dependent, within the
5-6 meaning of the <Section 152,> Internal Revenue Code <of 1986 (26
5-7 U.S.C. Section 152)>, of a deceased victim; or
5-8 (C) a posthumous child of a deceased victim.
5-9 (6) "Household member" means an individual who resided
5-10 in the same permanent household as the victim at the time that the
5-11 criminally injurious conduct occurred.
5-12 (7) "Immediate family member" means an individual
5-13 who<:>
5-14 <(A)> is the father, mother, sister, brother,
5-15 daughter, son, or spouse of a victim, including a stepparent or
5-16 stepchild<; and>
5-17 <(B) resided in the same permanent household as
5-18 the victim at the time that the criminally injurious conduct
5-19 occurred>.
5-20 (8) <(7)> "Intervenor" means an individual who goes to
5-21 the aid of another and is killed or injured in the good faith
5-22 effort to prevent criminally injurious conduct, to apprehend a
5-23 person reasonably suspected of having engaged in criminally
5-24 injurious conduct, or to aid a peace <police> officer. <The term
5-25 does not include a peace officer, firefighter, lifeguard, or
6-1 individual whose employment includes the duty to protect the public
6-2 safety acting within the course and scope of the individual's
6-3 employment.>
6-4 (9) <(8)> "Pecuniary loss" means the amount of expense
6-5 reasonably and necessarily incurred<:>
6-6 <(A)> as a result of personal injury or death
6-7 for:
6-8 (A) <(i)> medical, hospital, nursing, or
6-9 psychiatric care or counseling, or physical therapy;
6-10 (B) <(ii)> actual loss of past earnings and
6-11 anticipated loss of future earnings because of a disability
6-12 resulting from the personal injury; <and>
6-13 (C) <(iii)> care of a <minor> child or dependent
6-14 enabling a victim, <or> a victim's spouse, or a legal guardian of
6-15 the victim, but not all <both> of them, to continue or engage in
6-16 gainful employment;
6-17 (D) <(B) as a result of death for:>
6-18 <(i)> funeral and burial expenses;
6-19 (E) <(ii)> loss of support to a dependent in the
6-20 event of the death of the victim;
6-21 (F) reasonable and necessary costs of cleaning
6-22 the crime scene; and
6-23 (G) reasonable replacement costs for clothing,
6-24 bedding, or property of the victim seized as evidence or rendered
6-25 unusable as a result of the criminal investigation <and>
7-1 <(iii) care of a minor child enabling the
7-2 surviving spouse of a victim to engage in lawful employment.>
7-3 <(C) "Pecuniary loss" does not include health
7-4 care service charges in excess of the fee guidelines established by
7-5 the Texas Workers' Compensation Act (Article 8308-8.21 et seq.,
7-6 Vernon's Texas Civil Statutes). Neither the office of the attorney
7-7 general, victims, nor claimants shall be responsible for health
7-8 care service charges in excess of the fee guidelines unless a
7-9 review of the health care services determines that there is a
7-10 reasonable health care justification for the deviation>.
7-11 (10) <(9)> "Personal injury" means physical or mental
7-12 harm <to a victim>.
7-13 (11) <(10)> "Victim" means, except as provided by
7-14 Subsection (c):
7-15 (A) an individual who:
7-16 (i) suffers personal injury or death as a
7-17 result of criminally injurious conduct directed at the individual
7-18 or as a result of actions taken by the individual as an intervenor,
7-19 if the conduct or actions occurred<;>
7-20 <(ii) at the time of the criminally
7-21 injurious conduct, is> in this state; and
7-22 (ii) <(iii)> is a resident of this state,
7-23 another state of the United States, the District of Columbia, the
7-24 Commonwealth of Puerto Rico, or a possession or territory of the
7-25 United States; or
8-1 (B) an individual who:
8-2 (i) suffers personal injury or death as a
8-3 result of criminally injurious conduct directed at the individual
8-4 or as a result of actions taken by the individual as an intervenor,
8-5 if the conduct or actions occurred<;>
8-6 <(ii) at the time of the criminally
8-7 injurious conduct, is> in a state that does not have a crime
8-8 victims' compensation program that meets the requirements of
8-9 Section 1403(b), Crime Victims Compensation Act of 1984 (42 U.S.C.
8-10 Section 10602(b));
8-11 (ii) <(iii) at the time of the criminally
8-12 injurious conduct,> is a resident of this state; and
8-13 (iii) <(iv)> would be entitled to
8-14 compensation under this subchapter if the criminally injurious
8-15 conduct or actions had occurred in this state<;>
8-16 <(C) an intervenor;>
8-17 <(D) a dependent of a deceased victim;>
8-18 <(E) an immediate family member of a deceased
8-19 victim who is not a dependent of the victim and who requires
8-20 psychiatric care or counseling as a direct result of the criminally
8-21 injurious conduct;>
8-22 <(F) an individual who:>
8-23 <(i) is not an immediate family member or
8-24 a dependent, but who resided in the same permanent household as a
8-25 deceased victim in a relationship with the victim within the second
9-1 degree of consanguinity; and>
9-2 <(ii) requires psychiatric care or
9-3 counseling as a direct result of the criminally injurious conduct;>
9-4 <(G) in the event of a death, a person who
9-5 legally assumes the obligation or who voluntarily pays the medical
9-6 or burial expenses incurred as a direct result of the criminally
9-7 injurious conduct; or>
9-8 <(H) an immediate family member of a victim who
9-9 is a child and who requires psychological or psychiatric counseling
9-10 as a direct result of the criminally injurious conduct>.
9-11 (b) In this subchapter "claimant" does not include a service
9-12 provider.
9-13 (c) In this subchapter "victim" does not include:
9-14 (1) a peace officer;
9-15 (2) a firefighter; or
9-16 (3) another individual whose employment includes the
9-17 duty to protect the public while acting in the course and scope of
9-18 the individual's employment.
9-19 Art. 56.33. ADMINISTRATION; RULES. (a) The attorney
9-20 general shall adopt rules consistent with this subchapter governing
9-21 its administration, including rules relating to the method of
9-22 filing claims and the proof of entitlement to compensation and the
9-23 review of health care services subject to compensation under this
9-24 chapter. Subchapters A and B, Chapter 2001, Government Code,
9-25 except Sections 2001.004(3) and 2001.005, apply to the attorney
10-1 general.
10-2 (b) The attorney general may delegate <designate> a power,
10-3 duty, or responsibility given to the attorney general under this
10-4 subchapter to a person in the attorney general's office.
10-5 Art. 56.34. COMPENSATION. (a) The attorney general shall
10-6 award compensation for pecuniary loss arising from criminally
10-7 injurious conduct if the attorney general is satisfied by a
10-8 preponderance of the evidence that the requirements of this
10-9 subchapter are met.
10-10 (b) The attorney general shall establish whether, as a
10-11 direct result of criminally injurious conduct, a claimant or victim
10-12 suffered personal injury or death that resulted in a pecuniary loss
10-13 for which the claimant or victim is not compensated from a
10-14 collateral source.
10-15 (c) The attorney general shall award compensation for health
10-16 care services according to the medical fee guidelines prescribed by
10-17 Subtitle A, Title 5, Labor Code.
10-18 (d) The attorney general, a claimant, or a victim is not
10-19 liable for health care service charges in excess of the medical fee
10-20 guidelines. A health care provider shall accept compensation from
10-21 the attorney general as payment in full for the charges unless an
10-22 investigation of the charges by the attorney general determines
10-23 that there is a reasonable health care justification for the
10-24 deviation from the guidelines.
10-25 (e) A claimant or victim is not liable for the balance of
11-1 service charges left as a result of an adjustment of payment for
11-2 the charges under Article 56.58.
11-3 Art. 56.35. TYPES OF ASSISTANCE. If the attorney general
11-4 approves an application for compensation under Article <Section>
11-5 56.41 <of this code>, the attorney general shall determine what
11-6 type of state assistance will best aid the claimant or victim. The
11-7 attorney general may do one or more of the following:
11-8 (1) authorize cash payment or payments to or on behalf
11-9 of a claimant or victim for pecuniary loss;
11-10 (2) refer a claimant or victim to a state agency for
11-11 vocational or other rehabilitative services; or
11-12 (3) provide counseling services for a claimant or
11-13 victim or contract with a private entity to provide counseling
11-14 services.
11-15 Art. 56.36. APPLICATION. (a) An applicant for compensation
11-16 under this subchapter must apply in writing in a form that conforms
11-17 substantially to that prescribed by the attorney general.
11-18 (b) An application must be verified and must contain:
11-19 (1) the date on which the criminally injurious conduct
11-20 occurred;
11-21 (2) a description of the nature and circumstances of
11-22 the criminally injurious conduct;
11-23 (3) a complete financial statement, including:
11-24 (A) the cost of medical care or burial expenses
11-25 and the loss of wages or support the claimant or victim has
12-1 incurred or will incur; and
12-2 (B) the extent to which the claimant or victim
12-3 has been indemnified for those expenses from a collateral source;
12-4 (4) if appropriate, a statement indicating the extent
12-5 of a disability resulting from the injury incurred;
12-6 (5) an authorization permitting the attorney general
12-7 to verify the contents of the application; and
12-8 (6) other information the attorney general requires.
12-9 Art. 56.37. TIME FOR FILING. (a) Except as otherwise
12-10 provided by this article <section>, a claimant or victim must file
12-11 an application not later than the first anniversary of the
12-12 criminally injurious conduct.
12-13 (b) The attorney general may extend the time for filing for
12-14 good cause shown by the claimant or victim.
12-15 (c) Subsection (a) <of this section> does not apply to a
12-16 claimant or victim if:
12-17 (1) the victim <claimant> is a child <who is the
12-18 victim>; or
12-19 (2) the claimant or victim is an immediate family
12-20 member or household member of a child who is the victim, and the
12-21 immediate family member or household member, as the direct result
12-22 of the criminally injurious conduct, requires psychological or
12-23 psychiatric counseling.
12-24 (d) If a claimant or victim presents medically documented
12-25 evidence of a physical incapacity that was incurred by the claimant
13-1 or victim as a result of the criminally injurious conduct and that
13-2 reasonably prevented the claimant or victim from filing the
13-3 application within the limitations period under Subsection (a) <of
13-4 this section>, the period of the incapacity is not included.
13-5 (e) If the victim is a child, the application must be filed
13-6 within one year from the date the claimant or victim is made aware
13-7 of the crime but not after the child is 19 <18> years of age.
13-8 Art. 56.38. REVIEW; VERIFICATION. (a) The attorney general
13-9 shall appoint a clerk to review each application for compensation
13-10 under Article <Section> 56.36 <of this code> to ensure the
13-11 application is complete. If an application is not complete, the
13-12 clerk shall return it to the claimant or victim and give a brief
13-13 statement showing the additional information required. Not later
13-14 than the 30th day after receiving a returned application, a
13-15 claimant or victim may:
13-16 (1) supply the additional information; or
13-17 (2) appeal the action to the attorney general, who
13-18 shall review the application to determine whether it is complete.
13-19 (b) The attorney general may investigate an application.
13-20 (c) Incident to the attorney general's review, verification,
13-21 and hearing duties under this subchapter, the attorney general may:
13-22 (1) <request from prosecuting attorneys and law
13-23 enforcement officers investigations and information to enable the
13-24 attorney general to determine whether and the extent to which a
13-25 claimant qualifies for an award;>
14-1 <(2)> subpoena witnesses and administer oaths to
14-2 determine whether and the extent to which a claimant or victim
14-3 qualifies for an award; and
14-4 (2) <(3)> order a claimant or victim to submit to a
14-5 mental or physical examination by a physician or psychologist or
14-6 order an autopsy of a deceased victim as provided by Article
14-7 <Section> 56.39 <of this code>, if the mental, physical, or
14-8 emotional condition of a claimant or victim is material to a claim.
14-9 (d) On request by the attorney general and not later than
14-10 the 14th business day after the date of the request, a law
14-11 enforcement agency shall release to the attorney general all
14-12 reports, including witness statements and criminal history record
14-13 information, for the purpose of allowing the attorney general to
14-14 determine whether a claimant or victim qualifies for an award and
14-15 the extent of the qualification.
14-16 Art. 56.385. REVIEW OF HEALTH CARE SERVICES. (a) The
14-17 attorney general may review the actual or proposed health care
14-18 services for which a claimant or victim seeks compensation in an
14-19 application filed under Article 56.36.
14-20 (b) The attorney general may not compensate a claimant or
14-21 victim for health care services that the attorney general
14-22 determines are not medically necessary.
14-23 (c) The attorney general, a claimant, or a victim is not
14-24 liable for a charge that is not medically necessary.
14-25 Art. 56.39. MENTAL OR PHYSICAL EXAMINATION; AUTOPSY.
15-1 (a) An order for a mental or physical examination or an autopsy as
15-2 provided by Article <Section> 56.38(c)(3) <of this code> may be
15-3 made for good cause shown on notice to the individual to be
15-4 examined and to all persons who have appeared.
15-5 (b) An order shall:
15-6 (1) specify the time, place, manner, conditions, and
15-7 scope of the examination or autopsy;
15-8 (2) specify the person by whom the examination or
15-9 autopsy is to be made; and
15-10 (3) require the person making the examination or
15-11 autopsy to file with the attorney general a detailed written report
15-12 of the examination or autopsy.
15-13 (c) A report shall set out the findings of the person making
15-14 the examination or autopsy, including:
15-15 (1) the results of any tests made; and
15-16 (2) diagnoses, prognoses, and other conclusions and
15-17 reports of earlier examinations of the same conditions.
15-18 (d) On request of the individual examined, the attorney
15-19 general shall furnish the individual with a copy of the report. If
15-20 the victim is deceased, the attorney general on request shall
15-21 furnish the claimant with a copy of the report.
15-22 (e) A physician or psychologist making an examination or
15-23 autopsy under this article <section> shall be compensated from
15-24 funds appropriated for the administration of this subchapter.
15-25 Art. 56.40. HEARINGS. (a) The attorney general shall
16-1 determine whether a hearing on an application for compensation
16-2 under this subchapter is necessary.
16-3 (b) If the attorney general determines that a hearing is not
16-4 necessary, the attorney general may approve the application in
16-5 accordance with the provisions of Article <Section> 56.41 <of this
16-6 code>.
16-7 (c) If the attorney general determines that a hearing is
16-8 necessary or if the claimant or victim requests a hearing, the
16-9 attorney general shall consider the application at a hearing at a
16-10 time and place of the attorney general's choosing. The attorney
16-11 general shall notify all interested persons not less than 10 days
16-12 before the date of the hearing.
16-13 (d) At the hearing the attorney general shall:
16-14 (1) review the application for assistance and the
16-15 report prepared under Article <Section> 56.39 <of this code> and
16-16 any other evidence obtained as a result of the attorney general's
16-17 investigation; and
16-18 (2) receive other evidence that the attorney general
16-19 finds necessary or desirable to evaluate the application properly.
16-20 (e) The attorney general may appoint hearing officers to
16-21 conduct hearings or prehearing conferences under this subchapter.
16-22 (f) A hearing or prehearing conference is open to the public
16-23 unless in a particular case the hearing officer or attorney general
16-24 determines that the hearing or prehearing conference or a part of
16-25 it should be held in private because a criminal suspect has not
17-1 been apprehended or because it is in the interest of the claimant
17-2 or victim.
17-3 (g) The attorney general may suspend the proceedings pending
17-4 disposition of a criminal prosecution that has been commenced or is
17-5 imminent, but may make an emergency award under Article <Section>
17-6 56.50 <of this code>.
17-7 (h) Subchapters C through H, Chapter 2001, Government Code,
17-8 do not apply to the attorney general or the attorney general's
17-9 orders and decisions.
17-10 Art. 56.41. APPROVAL OF CLAIM. (a) The attorney general
17-11 shall approve an application for compensation under this subchapter
17-12 if the attorney general finds by a preponderance of the evidence
17-13 that grounds for compensation under this subchapter exist.
17-14 (b) The attorney general shall deny an application for
17-15 compensation under this subchapter if:
17-16 (1) the criminally injurious conduct is not reported
17-17 as provided by Article <Section> 56.46 <of this code>;
17-18 (2) the application is not made in the manner provided
17-19 by Articles <Sections> 56.36 and 56.37 <of this code>;
17-20 (3) the claimant or victim <or individual whose injury
17-21 or death gives rise to the application> knowingly and willingly
17-22 participated in the criminally injurious conduct;
17-23 (4) the claimant or victim is the offender or an
17-24 accomplice of the offender;
17-25 (5) an award of compensation to the claimant or victim
18-1 would benefit the offender or an accomplice of the offender; or
18-2 (6) the claimant or victim was incarcerated in a penal
18-3 institution, as defined by Section 1.07(26), Penal Code, at the
18-4 time the offense was committed.
18-5 (c) Except as provided by rules adopted by the attorney
18-6 general to prevent the unjust enrichment of an offender, the
18-7 attorney general may not deny an award otherwise payable to a
18-8 claimant or victim because the claimant or victim:
18-9 (1) is an immediate family member of the offender; or
18-10 (2) resides in the same household as the offender.
18-11 Art. 56.42. LIMITS ON COMPENSATION. (a) Except as
18-12 otherwise provided by this article, awards <A claimant is not
18-13 entitled to compensation for pecuniary loss under this subchapter:>
18-14 <(1) in excess of $200 a week for:>
18-15 <(A) actual loss of past earnings or anticipated
18-16 loss of future earnings; or>
18-17 <(B) loss of support to a dependent;>
18-18 <(2) for actual loss of past earnings or anticipated
18-19 loss of future earnings if the victim is an accomplice of the
18-20 offender;>
18-21 <(3) for loss of support to a dependent after the date
18-22 the dependence would have ended if the victim had survived;>
18-23 <(4) for care of a minor child in excess of:>
18-24 <(A) $50 a week for one child;>
18-25 <(B) $100 a week for two children; or>
19-1 <(C) $125 a week for three or more children;>
19-2 <(5) for loss of support to a dependent or care of a
19-3 minor child as a result of death, if the expense is otherwise
19-4 compensated for as a pecuniary loss for personal injury; or>
19-5 <(6) for loss attributable to pain and suffering.>
19-6 <(b) Awards> payable to a victim and all other claimants
19-7 sustaining pecuniary loss because of injury or death of that victim
19-8 may not exceed $25,000 in the aggregate.
19-9 (b) In addition to an award payable under Subsection (a),
19-10 the attorney general may award an additional $25,000 for
19-11 extraordinary pecuniary losses, if the personal injury to a victim
19-12 is catastrophic and results in a total and permanent disability to
19-13 the victim, for lost wages and reasonable and necessary costs of:
19-14 (1) making a home or automobile accessible;
19-15 (2) obtaining job training and vocational
19-16 rehabilitation;
19-17 (3) training in the use of special appliances; and
19-18 (4) receiving home health care.
19-19 (c) The attorney general may by rule establish limitations
19-20 on any other pecuniary loss compensated for under this subchapter.
19-21 Art. 56.43. ATTORNEY FEES. (a) As part of an order, the
19-22 attorney general shall determine and award reasonable attorney's
19-23 fees, commensurate with legal services rendered, to be paid by the
19-24 state to the attorney representing the claimant or victim.
19-25 Attorney fees shall not exceed 25 percent of the amount the
20-1 attorney assisted the claimant or victim in obtaining. Where there
20-2 is no dispute of the attorney general's determination of the amount
20-3 of the award due to the claimant or victim and where no hearing is
20-4 held, the attorney fee shall be the lesser of either 25 percent of
20-5 the amount the attorney assisted the claimant or victim in
20-6 obtaining or $300.
20-7 (b) Attorney fees may be denied on a finding that the claim
20-8 or appeal is frivolous.
20-9 (c) An award of attorney fees is in addition to an award of
20-10 compensation.
20-11 (d) An attorney may not contract for or receive an amount
20-12 larger than that allowed under this article <section>.
20-13 (e) Attorney fees may not be paid to an attorney of a
20-14 claimant or victim unless an award is made to the claimant or
20-15 victim.
20-16 Art. 56.44. PAYMENTS. (a) The attorney general may provide
20-17 for the payment of an award in a lump sum or in installments. The
20-18 attorney general shall provide that the part of an award equal to
20-19 the amount of pecuniary loss accrued to the date of the award be
20-20 paid in a lump sum. Except as provided in Subsection (b) <of this
20-21 section>, the attorney general shall pay the part of an award for
20-22 allowable expense that accrues after the award is made in
20-23 installments.
20-24 (b) At the request of the claimant or victim, the attorney
20-25 general may provide that an award for future pecuniary loss be paid
21-1 in a lump sum if the attorney general finds that:
21-2 (1) paying the award in a lump sum will promote the
21-3 interests of the claimant or victim; or
21-4 (2) the present value of all future pecuniary loss
21-5 does not exceed $1,000.
21-6 (c) The attorney general may not provide for an award for
21-7 future pecuniary loss payable in installments for a period for
21-8 which the attorney general cannot reasonably determine the future
21-9 pecuniary loss.
21-10 (d) The attorney general may make payments only to an
21-11 individual who is a claimant or a victim.
21-12 Art. 56.45. DENIAL OR REDUCTION OF AWARD. The attorney
21-13 general may deny or reduce an award otherwise payable:
21-14 (1) if the claimant or victim has not substantially
21-15 cooperated with an appropriate law enforcement agency;
21-16 (2) if the claimant or victim bears a share of the
21-17 responsibility for the act or omission giving rise to the claim
21-18 because of the claimant's or victim's behavior <at the time of the
21-19 act or omission>; <or>
21-20 (3) to the extent that pecuniary loss is recouped from
21-21 another person, including a collateral source; or
21-22 (4) if the claimant or victim was engaging in an
21-23 activity that at the time of the criminally injurious conduct was
21-24 prohibited by law or a rule made under law.
21-25 Art. 56.46. REPORTING OF CRIME. (a) Except as otherwise
22-1 provided by this article <section>, a claimant or victim may not
22-2 file an application unless the victim reports the criminally
22-3 injurious conduct to the appropriate state or local public safety
22-4 or law enforcement agency not later than 72 hours after the
22-5 criminally injurious conduct is committed.
22-6 (b) The attorney general may extend the time for reporting
22-7 the criminally injurious conduct if the attorney general determines
22-8 that the extension is justified by extraordinary circumstances.
22-9 (c) Subsection (a) <of this section> does not apply if the
22-10 victim is a child.
22-11 Art. 56.47. RECONSIDERATION. (a) The attorney general, on
22-12 the attorney general's own motion or on request of a claimant or
22-13 victim, may reconsider:
22-14 (1) a decision to make or deny an award; or
22-15 (2) the amount of an award.
22-16 (b) At least annually, the attorney general shall reconsider
22-17 each award being paid in installments.
22-18 (c) An order on reconsideration may <not> require a refund
22-19 of an <amounts previously paid unless the> award if:
22-20 (1) the award was obtained by fraud or mistake; or
22-21 (2) newly discovered evidence shows the claimant or
22-22 victim to be ineligible for the award under Article 56.41 or 56.45.
22-23 (d) The right of reconsideration does not affect the
22-24 finality of an attorney general decision for the purpose of
22-25 judicial review.
23-1 Art. 56.48. JUDICIAL REVIEW. (a) Not later than the 20th
23-2 day after the attorney general renders a final decision, a claimant
23-3 or victim may file with the attorney general a notice of
23-4 dissatisfaction with the decision. Not later than the 20th day
23-5 after the claimant or victim gives notice, the claimant or victim
23-6 shall bring suit in the district court having jurisdiction in the
23-7 county in which:
23-8 (1) the injury or death occurred; <or>
23-9 (2) the victim resided at the time the injury or death
23-10 occurred; or
23-11 (3) if the victim resided out of state at the time of
23-12 the injury or death, the injury or death occurred.
23-13 (b) While judicial review of a decision by the attorney
23-14 general is pending, the attorney general:
23-15 (1) shall suspend payments to the claimant or victim;
23-16 and
23-17 (2) may not reconsider the award.
23-18 (c) The court shall determine the issues by trial de novo.
23-19 The burden of proof is on the party who filed the notice of
23-20 dissatisfaction <claimant>.
23-21 (d) A court may award not more than 25 percent of the total
23-22 recovery by the claimant or victim for <additional> attorney fees
23-23 <to a claim> in the event of review.
23-24 (e) In computing a period under this article <section>, if
23-25 the last day is a legal holiday or Sunday, the last day is not
24-1 counted, and the time is extended to include the next business day.
24-2 Art. 56.49. EXEMPTION; ASSIGNABILITY. (a) An award is not
24-3 subject to execution, attachment, garnishment, or other process,
24-4 except that an award is not exempt from a claim of a creditor to
24-5 the extent that the creditor provided products, services, or
24-6 accommodations, the costs of which are included in the award.
24-7 (b) An assignment or agreement to assign a right to benefits
24-8 for loss accruing in the future is unenforceable except:
24-9 (1) an assignment of a right to benefits for loss of
24-10 earnings is enforceable to secure payment of alimony, maintenance,
24-11 or child support; and
24-12 (2) an assignment of a right to benefits is
24-13 enforceable to the extent that the benefits are for the cost of
24-14 products, services, or accommodations:
24-15 (A) made necessary by the injury or death on
24-16 which the claim is based; and
24-17 (B) provided or to be provided by the assignee.
24-18 Art. 56.50. EMERGENCY AWARD. (a) The attorney general may
24-19 make an emergency award if, before acting on an application for
24-20 compensation under this subchapter, it appears likely that:
24-21 (1) a final award will be made; and
24-22 (2) the claimant or victim will suffer undue hardship
24-23 if immediate economic relief is not obtained.
24-24 (b) An emergency award may not exceed $1,500.
24-25 (c) The amount of an emergency award shall be:
25-1 (1) deducted from the final award; or
25-2 (2) repaid by and recoverable from the claimant or
25-3 victim to the extent the emergency award exceeds the final award.
25-4 Art. 56.51. SUBROGATION. If compensation is awarded under
25-5 this subchapter, the state is subrogated to all the claimant's or
25-6 victim's rights to receive or recover benefits for pecuniary loss
25-7 to the extent compensation is awarded from a collateral source.
25-8 Art. 56.52. NOTICE OF PRIVATE ACTION. (a) Before a
25-9 claimant or victim may bring an action to recover damages related
25-10 to criminally injurious conduct for which compensation under this
25-11 subchapter is claimed or awarded, the claimant or victim must give
25-12 the attorney general written notice of the proposed action. After
25-13 receiving the notice, the attorney general shall promptly:
25-14 (1) join in the action as a party plaintiff to recover
25-15 benefits awarded;
25-16 (2) require the claimant or victim to bring the action
25-17 in the claimant's or victim's name as a trustee on behalf of the
25-18 state to recover benefits awarded; or
25-19 (3) reserve the attorney general's rights and do
25-20 neither in the proposed action.
25-21 (b) If the claimant or victim brings the action as trustee
25-22 and recovers compensation awarded by the attorney general, the
25-23 claimant or victim may deduct from the benefits recovered on behalf
25-24 of the state the reasonable expenses of the suit, including
25-25 attorney fees, expended in pursuing the recovery for the state.
26-1 The claimant or victim must justify this deduction in writing to
26-2 the attorney general on a form provided by the attorney general.
26-3 (c) A claimant or victim shall not settle or resolve any
26-4 such action without written authorization to do so from the
26-5 attorney general. No third party or agents, insurers, or attorneys
26-6 for third parties shall participate in the settlement or resolution
26-7 of such an action if they actually know, or should know, that the
26-8 claimant or victim has received moneys from the fund and is subject
26-9 to the subrogation provisions of this article <section>. Any
26-10 attempt by such third party, or agents, insurers, or attorneys of
26-11 third parties to settle an action is void and shall result in no
26-12 release from liability to the fund for any rights subrogated
26-13 pursuant to this article <section>. All such agents, insurers, and
26-14 attorneys are personally liable to the fund for any moneys paid to
26-15 a claimant or victim in violation of this subsection, up to the
26-16 full amount of the fund's right to reimbursement. A claimant,
26-17 victim, third party, or any agents, attorneys, or insurers of third
26-18 parties who knowingly or intentionally fail to comply with the
26-19 requirements of this chapter commits a Class B misdemeanor.
26-20 (d) A person adjudged guilty of a Class B misdemeanor shall
26-21 be punished by:
26-22 (1) a fine not to exceed $500;
26-23 (2) confinement in jail for a term not to exceed 180
26-24 days; or
26-25 (3) both such fine and imprisonment.
27-1 Art. 56.53. ANNUAL REPORT. Annually, the attorney general
27-2 shall report to the governor and the legislature on the attorney
27-3 general's activities, including a statistical summary of claims and
27-4 awards made and denied. The reporting period is the state fiscal
27-5 year. The attorney general shall file the report not later than
27-6 the 100th <60th> day after the end of the fiscal year.
27-7 Art. 56.54. FUNDS. (a) The compensation to victims of
27-8 crime fund and the compensation to victims of crime auxiliary fund
27-9 are in the state treasury.
27-10 (b) The compensation to victims of crime fund may be used by
27-11 the attorney general only for the payment of compensation to
27-12 claimants or victims under this subchapter and other expenses in
27-13 administering this subchapter.
27-14 (c) The compensation to victims of crime auxiliary fund may
27-15 be used by the attorney general only for the payment of
27-16 compensation to claimants or victims under this subchapter.
27-17 (d) The attorney general may not make compensation payments
27-18 in excess of the amount of money available from the combined funds.
27-19 (e) General revenues may not be used for payments under this
27-20 subchapter.
27-21 (f) The office of the attorney general is authorized to
27-22 accept gifts, grants, and donations to be credited to the
27-23 compensation to victims of crime fund and compensation to victims
27-24 of crime auxiliary fund and shall file annually with the governor
27-25 and the presiding officer of each house of the legislature a
28-1 complete and detailed written report accounting for all gifts,
28-2 grants, and donations received and disbursed, used, or maintained
28-3 by the office for the attorney general that are credited to these
28-4 funds.
28-5 (g) Money in the compensation to victims of crime fund or in
28-6 the compensation to victims of crime auxiliary fund may be used
28-7 only as provided by this subchapter and is not available for any
28-8 other purpose. Section 403.095, Government Code, does not apply to
28-9 the fund.
28-10 Art. 56.55. COURT COSTS. (a) A person shall pay:
28-11 (1) $45 as a court cost on conviction of a felony;
28-12 (2) $35 as a court cost on conviction of a violation
28-13 of a municipal ordinance punishable by a fine of more than $200 or
28-14 on conviction of a misdemeanor punishable by imprisonment or by a
28-15 fine of more than $500; or
28-16 (3) $15 as a court cost on conviction of a violation
28-17 of a municipal ordinance punishable by a fine of not more than $200
28-18 or on conviction of a misdemeanor punishable by a fine of not more
28-19 than $500, other than a conviction of a misdemeanor offense or a
28-20 violation of a municipal ordinance relating to pedestrians and the
28-21 parking of motor vehicles.
28-22 (b) The court shall assess and make a reasonable effort to
28-23 collect the cost due under this article <section> whether any other
28-24 court cost is assessed or collected.
28-25 (c) In this article <section>, a person is considered to
29-1 have been convicted if:
29-2 (1) a sentence is imposed;
29-3 (2) the defendant receives probation or deferred
29-4 adjudication; or
29-5 (3) the court defers final disposition of the case.
29-6 (d) Court costs under this article <section> are collected
29-7 in the same manner as other fines or costs.
29-8 Art. 56.56. DEPOSIT AND REMITTANCE OF COURT COSTS. (a) The
29-9 officer collecting the costs in a municipal court case shall keep
29-10 separate records of the funds collected as costs under Article
29-11 <Section> 56.55 <of this code> and shall deposit the funds in the
29-12 municipal treasury. The officer collecting the costs in a justice,
29-13 county, or district court case shall keep separate records of the
29-14 funds collected as costs under Article <Section> 56.55 <of this
29-15 code> and shall deposit the funds in the county treasury.
29-16 (b) The custodian of a municipal or county treasury shall:
29-17 (1) keep records of the amount of funds on deposit
29-18 collected under Article <Section> 56.55 <of this code>; and
29-19 (2) send to the comptroller before the last day of the
29-20 first month following each calendar quarter the funds collected
29-21 during the preceding quarter.
29-22 (c) A municipality or county may retain 10 percent of the
29-23 funds collected under Article <Section> 56.55 <of this code> as a
29-24 collection fee if the custodian of the treasury:
29-25 (1) keeps records of the amount of funds on deposit
30-1 collected under Article <Section> 56.55 <of this code>; and
30-2 (2) sends to the comptroller the funds within the
30-3 period prescribed by Subsection (b)(2) <of this section>.
30-4 (d) If no funds due as costs under Article <Section> 56.55
30-5 <of this code> are collected by a custodian of a municipal or
30-6 county treasury in a quarter, the custodian shall file the report
30-7 required for the quarter in the regular manner and must state that
30-8 no funds were collected.
30-9 Art. 56.57. DEPOSIT BY COMPTROLLER; AUDIT. (a) The
30-10 comptroller shall deposit the funds received under Article
30-11 <Section> 56.56 <of this code> and all other moneys credited to the
30-12 fund by any other provision of law in the compensation to victims
30-13 of crime fund.
30-14 (b) Funds collected are subject to audit by the comptroller.
30-15 Funds spent are subject to audit by the state auditor.
30-16 Art. 56.58. ADJUSTMENT OF AWARDS AND PAYMENTS. (a) The
30-17 attorney general shall establish a policy to adjust awards and
30-18 payments so that the total amount of awards granted in each
30-19 calendar year does not exceed the amount of money credited to the
30-20 fund during that year.
30-21 (b) If the attorney general establishes a policy to adjust
30-22 awards under Subsection (a), the attorney general, the claimant, or
30-23 the victim is not liable for the amount of charges incurred in
30-24 excess of the adjusted amount for the service on which the adjusted
30-25 payment is determined.
31-1 (c) A service provider who accepts a payment that has been
31-2 adjusted by a policy established under Subsection (a) agrees to
31-3 accept the adjusted payment as payment in full for the service and
31-4 is barred from legal action against the claimant or victim for
31-5 collection.
31-6 Art. 56.59. ATTORNEY GENERAL SUPERVISION OF COLLECTION OF
31-7 COSTS; FAILURE TO COMPLY. (a) If the attorney general has reason
31-8 to believe that a court has not been assessing costs due under
31-9 Article <Section> 56.55 <of this code> or has not been making a
31-10 reasonable effort to collect those costs, the attorney general
31-11 shall send a warning letter to the court or the governing body of
31-12 the governmental unit in which the court is located.
31-13 (b) Within 60 days after receipt of a warning letter, the
31-14 court or governing body shall respond in writing to the attorney
31-15 general, specifically referring to the charges in the warning
31-16 letter.
31-17 (c) If the court or governing body does not respond or if
31-18 the attorney general considers the response inadequate, the
31-19 attorney general may request the comptroller to audit the records
31-20 of:
31-21 (1) the court;
31-22 (2) the officer charged with collecting the costs; or
31-23 (3) the treasury of the governmental unit in which the
31-24 court is located.
31-25 (d) The comptroller shall give the attorney general the
32-1 results of the audit.
32-2 (e) If, using the results of the audit and other evidence
32-3 available, the attorney general finds that a court is not assessing
32-4 costs due under Article <Section> 56.55 <of this code> or is not
32-5 making a reasonable effort to collect those costs, the attorney
32-6 general may:
32-7 (1) refuse to award compensation under this subchapter
32-8 to residents of the jurisdiction served by the court; or
32-9 (2) notify the State Commission on Judicial Conduct of
32-10 the findings.
32-11 (f) The failure, refusal, or neglect of a judicial officer
32-12 to comply with a requirement of Article <Section> 56.55 <of this
32-13 code>:
32-14 (1) constitutes official misconduct; and
32-15 (2) is grounds for removal from office.
32-16 Art. 56.60. PUBLIC NOTICE. (a) A hospital licensed under
32-17 the laws of this state shall display prominently in its emergency
32-18 room posters giving notification of the existence and general
32-19 provisions of this subchapter. The attorney general shall set
32-20 standards for the location of the display and shall provide
32-21 posters, application forms, and general information regarding this
32-22 subchapter to each hospital and physician licensed to practice in
32-23 this state.
32-24 (b) Each local law enforcement agency shall inform a
32-25 claimant or victim of criminally injurious conduct of the
33-1 provisions of this subchapter and make <provide> application forms
33-2 available <to a victim who desires assistance>. The attorney
33-3 general shall provide application forms and all other documents
33-4 that local law enforcement agencies may require to comply with this
33-5 article <section>. The attorney general shall set standards to be
33-6 followed by local law enforcement agencies for this purpose and may
33-7 require them to file with the attorney general a description of the
33-8 procedures adopted by each agency to comply.
33-9 Art. 56.61. COMPENSATION FOR CERTAIN CRIMINALLY INJURIOUS
33-10 CONDUCT PROHIBITED. The attorney general may not award
33-11 compensation for economic loss arising from criminally injurious
33-12 conduct that occurred before January 1, 1980.
33-13 Art. 56.62. PUBLIC LETTER OF REPRIMAND. (a) The attorney
33-14 general may issue a letter of reprimand against an individual if
33-15 the attorney general finds that the person has filed or has caused
33-16 to be filed under this subchapter an application for benefits or
33-17 claim for pecuniary loss that contains a statement or
33-18 representation that the person knows to be false.
33-19 (b) The attorney general must give the person notice of the
33-20 proposed action before issuing the letter.
33-21 (c) A person may challenge the denial of compensation and
33-22 the issuance of a letter of reprimand in a contested case hearing
33-23 under Chapter 2001, Government Code (Administrative Procedure Act).
33-24 (d) A letter of reprimand issued under this article is
33-25 public information.
34-1 Art. 56.63. CIVIL PENALTY. (a) A person is subject to a
34-2 civil penalty of not less than $2,500 or more than $25,000 for each
34-3 application for compensation that:
34-4 (1) is filed under this subchapter by the person or is
34-5 filed under this subchapter as a result of conduct of the person;
34-6 and
34-7 (2) contains a material statement or representation
34-8 that the person knows to be false.
34-9 (b) The attorney general shall institute and conduct the
34-10 suit to collect the civil penalty authorized by this article on
34-11 behalf of the state.
34-12 (c) A civil penalty recovered under this article shall be
34-13 deposited to the credit of the compensation to victims of crime
34-14 fund.
34-15 (d) The civil penalty authorized by this article is in
34-16 addition to any other civil, administrative, or criminal penalty
34-17 provided by law.
34-18 (e) In addition to the civil penalty authorized by this
34-19 article, the attorney general may recover expenses incurred by the
34-20 attorney general in the investigation, institution, and prosecution
34-21 of the suit, including investigative costs, witness fees,
34-22 attorney's fees, and deposition expenses.
34-23 Art. 56.64. ADMINISTRATIVE PENALTY. (a) A person who
34-24 presents to the attorney general under this subchapter, or engages
34-25 in conduct that results in the presentation to the attorney general
35-1 under this subchapter of, an application for compensation under
35-2 this subchapter that contains a statement or representation the
35-3 person knows to be false is liable to the attorney general for:
35-4 (1) the amount paid in reliance on the application and
35-5 interest on that amount determined at the rate provided by law for
35-6 legal judgments and accruing from the date on which the payment was
35-7 made;
35-8 (2) payment of an administrative penalty not to exceed
35-9 twice the amount paid because of the false application for benefits
35-10 or claim for pecuniary loss; and
35-11 (3) payment of an administrative penalty of not more
35-12 than $10,000 for each item or service for which payment was
35-13 claimed.
35-14 (b) In determining the amount of the penalty to be assessed
35-15 under Subsection (a)(3), the attorney general shall consider:
35-16 (1) the seriousness of the violation;
35-17 (2) whether the person has previously submitted a
35-18 false application for benefits or a claim for pecuniary loss; and
35-19 (3) the amount necessary to deter the person from
35-20 submitting future false applications for benefits or claims for
35-21 pecuniary loss.
35-22 (c) If the attorney general determines that a violation has
35-23 occurred, the attorney general may issue a report that states the
35-24 facts on which the determination is made and the attorney general's
35-25 recommendation on the imposition of a penalty, including a
36-1 recommendation on the amount of the penalty.
36-2 (d) The attorney general shall give written notice of the
36-3 report to the person. Notice under this subsection may be given by
36-4 certified mail and must:
36-5 (1) include a brief summary of the alleged violation;
36-6 (2) include a statement of the amount of the
36-7 recommended penalty; and
36-8 (3) inform the person of the right to a hearing on:
36-9 (A) the occurrence of the violation;
36-10 (B) the amount of the penalty; or
36-11 (C) both the occurrence of the violation and the
36-12 amount of the penalty.
36-13 (e) Not later than the 20th day after the date the person
36-14 receives the notice, the person, in writing, may:
36-15 (1) accept the attorney general's determination and
36-16 recommended penalty; or
36-17 (2) request in writing a hearing on:
36-18 (A) the occurrence of the violation;
36-19 (B) the amount of the penalty; or
36-20 (C) both the occurrence of the violation and the
36-21 amount of the penalty.
36-22 (f) If the person accepts the determination and recommended
36-23 penalty of the attorney general, the attorney general by order
36-24 shall approve the determination and impose the recommended penalty.
36-25 (g) If the person requests a hearing as provided by
37-1 Subsection (e) or fails to respond to the notice in a timely
37-2 manner, the attorney general shall set a contested case hearing
37-3 under Chapter 2001, Government Code (Administrative Procedure Act),
37-4 and notify the person of the hearing. The administrative law judge
37-5 shall make findings of facts and conclusions of law and promptly
37-6 issue to the attorney general a proposal for a decision regarding
37-7 the occurrence of the violation and the amount of a proposed
37-8 penalty. Based on the findings of fact, conclusions of law, and
37-9 proposal for a decision, the attorney general by order may:
37-10 (1) find that a violation has occurred and impose a
37-11 penalty; or
37-12 (2) find that a violation has not occurred.
37-13 (h) Notice of the attorney general's order given to the
37-14 person under Chapter 2001, Government Code, must include a
37-15 statement of the right of the person to judicial review of the
37-16 order.
37-17 (i) Not later than the 30th day after the date that the
37-18 attorney general's order is final under Section 2001.144,
37-19 Government Code, the person shall:
37-20 (1) pay the amount of the penalty;
37-21 (2) pay the amount of the penalty and file a petition
37-22 for judicial review contesting:
37-23 (A) the occurrence of the violation;
37-24 (B) the amount of the penalty; or
37-25 (C) the occurrence of the violation and the
38-1 amount of the penalty; or
38-2 (3) without paying the amount of the penalty, file a
38-3 petition for judicial review contesting:
38-4 (A) the occurrence of the violation;
38-5 (B) the amount of the penalty; or
38-6 (C) the occurrence of the violation and the
38-7 amount of the penalty.
38-8 (j) Within the 30-day period, a person who acts under
38-9 Subsection (i)(3) may:
38-10 (1) stay enforcement of the penalty by:
38-11 (A) paying the amount of the penalty to the
38-12 court for placement in an escrow account; or
38-13 (B) giving to the court a supersedeas bond that
38-14 is approved by the court for the amount of the penalty and that is
38-15 effective until all judicial review of the attorney general's order
38-16 is final; or
38-17 (2) request the court to stay enforcement of the
38-18 penalty by:
38-19 (A) filing with the court a sworn affidavit of
38-20 the person stating that the person is financially unable to pay the
38-21 amount of the penalty or to give the supersedeas bond; and
38-22 (B) delivering a copy of the affidavit to the
38-23 attorney general by certified mail.
38-24 (k) On receipt by the attorney general of a copy of an
38-25 affidavit under Subsection (j)(2), the attorney general may file
39-1 with the court, not later than the fifth day after the date the
39-2 copy is received, a contest to the affidavit. The court shall hold
39-3 a hearing on the facts alleged in the affidavit as soon as
39-4 practicable and shall stay the enforcement of the penalty on
39-5 finding that the alleged facts are true. A person who files an
39-6 affidavit under Subsection (j)(2) has the burden of proving that
39-7 the person is financially unable to pay the amount of the penalty
39-8 or to give a supersedeas bond.
39-9 (l) If the person does not pay the amount of the penalty and
39-10 the enforcement of the penalty is not stayed, the attorney general
39-11 may file suit for collection of the amount of the penalty.
39-12 (m) Judicial review of the order of the attorney general:
39-13 (1) is instituted by filing a petition as provided by
39-14 Section 2001.176, Government Code; and
39-15 (2) is governed by the substantial evidence rule.
39-16 (n) If the court upholds the finding that a violation
39-17 occurred, the court may order the person to pay the full or reduced
39-18 amount of the penalty. If the court does not uphold the finding,
39-19 the court shall order that no penalty is owed.
39-20 (o) If the person paid the amount of the penalty and if that
39-21 amount is reduced or is not upheld by the court, the court shall
39-22 order that the appropriate amount plus accrued interest be remitted
39-23 to the person. The rate of the interest is the rate charged on
39-24 loans to depository institutions by the New York Federal Reserve
39-25 Bank, and the interest shall be paid for the period beginning on
40-1 the date the penalty was paid and ending on the date the penalty is
40-2 remitted. If the person gave a supersedeas bond and if the amount
40-3 of the penalty is not upheld by the court, the court shall order
40-4 the release of the bond. If the person gave a supersedeas bond and
40-5 if the amount of the penalty is reduced, the court shall order the
40-6 release of the bond after the person pays the amount.
40-7 (p) A penalty collected under this article shall be sent to
40-8 the comptroller and deposited to the credit of the compensation to
40-9 victims of crime fund.
40-10 (q) All proceedings under this article are subject to
40-11 Chapter 2001, Government Code.
40-12 (r) In addition to the administrative penalty authorized by
40-13 this article, the attorney general may recover all expenses
40-14 incurred by the attorney general in the investigation, institution,
40-15 and prosecution of the suit, including investigative costs, witness
40-16 fees, attorney's fees, and deposition expenses.
40-17 SECTION 2. (a) The change in law made by this Act applies
40-18 only to an application for compensation for criminally injurious
40-19 conduct occurring on or after the effective date of this Act. For
40-20 purposes of this section, conduct occurs before the effective date
40-21 of this Act if any element of the offense that is included in the
40-22 criminally injurious conduct occurs before that date.
40-23 (b) An application for compensation based on an offense
40-24 committed before the effective date of this Act is covered by the
40-25 law in effect when the offense was committed, and the former law is
41-1 continued in effect for that purpose.
41-2 SECTION 3. Sections 5 and 6, Chapter 780, and Sections 1, 3,
41-3 and 4, Chapter 983, Acts of the 73rd Legislature, 1993, are
41-4 repealed.
41-5 SECTION 4. This Act takes effect September 1, 1995.
41-6 SECTION 5. The importance of this legislation and the
41-7 crowded condition of the calendars in both houses create an
41-8 emergency and an imperative public necessity that the
41-9 constitutional rule requiring bills to be read on three several
41-10 days in each house be suspended, and this rule is hereby suspended.