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.