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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of the attorney general to obtain |
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reimbursement to the compensation to victims of crime fund |
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resulting from overpayments made to victims, claimants, and |
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providers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 56, Code of Criminal |
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Procedure, is amended by adding Article 56.65 to read as follows: |
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Art. 56.65. REPAYMENT OF OVERPAYMENTS. (a) If a person is |
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erroneously overpaid under this subchapter, the person is liable |
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for the overpaid amount and shall repay the overpayment. |
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(b) If the attorney general determines that a person was |
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erroneously overpaid under this subchapter, the attorney general |
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may issue a report that states the facts on which the determination |
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is made and the attorney general's recommendation that the |
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overpayment be repaid. |
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(c) The attorney general shall give written notice of the |
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report to the person. Notice under this subsection may be given by |
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certified mail and must include: |
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(1) a brief summary of the alleged overpayment; |
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(2) documentation substantiating the amount of the |
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overpayment; |
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(3) notice of the opportunity for the person to repay |
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the overpayment in increments, as approved by the attorney general; |
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and |
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(4) notice that the person has the right to a hearing |
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on: |
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(A) the occurrence of the overpayment; or |
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(B) the amount of the overpayment. |
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(d) Not later than the 45th day after the date the person |
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receives the notice, the person shall submit: |
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(1) a full repayment of the amount owed; |
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(2) a written acceptance of the attorney general's |
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approved incremental repayment plan; or |
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(3) a written request for a hearing on: |
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(A) the occurrence of the overpayment; or |
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(B) the amount of the overpayment. |
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(e) If the person fails to comply with Subsection (d), the |
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attorney general may certify to the comptroller that the overpaid |
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amount constitutes a debt for purposes of Section 403.055, |
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Government Code. The comptroller may certify the amount of the debt |
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to the attorney general for collection. |
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(f) If the person requests a hearing as provided by |
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Subsection (c), the attorney general shall set a contested case |
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hearing under Chapter 2001, Government Code, and notify the person |
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of the hearing. An employee of the State Office of Administrative |
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Hearings may not conduct a hearing or render a final decision under |
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this article. The hearing officer shall make findings of facts and |
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conclusions of law and promptly issue to the attorney general a |
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proposal for a decision regarding the occurrence and amount of the |
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overpayment. Based on the findings of fact, conclusions of law, and |
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proposal for a decision, the attorney general by order may: |
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(1) find that an overpayment has occurred and set the |
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amount to be repaid; or |
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(2) find that an overpayment has not occurred. |
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(g) Notice of the attorney general's order given to the |
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person under Chapter 2001, Government Code, must include a |
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statement of the person's right to judicial review of the order. |
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(h) Not later than the 30th day after the date that the |
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attorney general's order is final under Section 2001.144, |
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Government Code, the person shall: |
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(1) pay the amount of the ordered repayment; |
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(2) pay the amount of the ordered repayment and file a |
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petition for judicial review contesting: |
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(A) the occurrence of the overpayment; or |
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(B) the amount of the overpayment; or |
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(3) without paying the amount of the ordered |
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repayment, file a petition for judicial review contesting: |
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(A) the occurrence of the overpayment; or |
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(B) the amount of the overpayment. |
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(i) Within the 30-day period, a person who acts under |
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Subsection (h)(3) may: |
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(1) stay enforcement of the ordered repayment by: |
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(A) paying the amount of the ordered repayment to |
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the court for placement in an escrow account; or |
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(B) giving to the court a supersedeas bond that |
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is approved by the court for the amount of the ordered repayment and |
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that is effective until all judicial review of the attorney |
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general's order is final; or |
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(2) request the court to stay enforcement of the |
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repayment order by: |
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(A) filing with the court a sworn affidavit of |
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the person stating that the person is financially unable to pay the |
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amount of the ordered repayment or to give the supersedeas bond; |
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and |
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(B) delivering a copy of the affidavit to the |
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attorney general by certified mail. |
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(j) On receipt by the attorney general of a copy of an |
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affidavit under Subsection (i)(2), the attorney general may file |
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with the court, not later than the fifth day after the date the copy |
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is received, a contest to the affidavit. The court shall hold a |
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hearing on the facts alleged in the affidavit as soon as practicable |
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and shall stay the enforcement of the repayment order on finding |
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that the alleged facts are true. A person who files an affidavit |
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under Subsection (i)(2) has the burden of proving that the person is |
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financially unable to pay the amount of the ordered repayment or to |
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give a supersedeas bond. |
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(k) If the person does not pay the amount of the ordered |
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repayment and the enforcement of the ordered repayment is not |
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stayed, the attorney general may file suit for collection of the |
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amount of the ordered repayment. |
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(l) Judicial review of the order of the attorney general: |
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(1) is instituted by filing a petition as provided by |
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Section 2001.176, Government Code; and |
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(2) is governed by the substantial evidence rule. |
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(m) If the court upholds the finding that an overpayment |
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occurred, the court may order the person to pay the full or reduced |
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amount of the ordered repayment. If the court does not uphold the |
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finding, the court shall order that no repayment is owed. |
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(n) If the person paid the amount of the ordered repayment |
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and if that amount is reduced or is not upheld by the court, the |
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court shall order that the appropriate amount plus accrued interest |
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be remitted to the person. The rate of the interest is the rate |
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charged on loans to depository institutions by the New York Federal |
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Reserve Bank, and the interest shall be paid for the period |
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beginning on the date the ordered repayment was paid and ending on |
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the date the repayment is remitted. If the person gave a |
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supersedeas bond and if the amount of the repayment is not upheld by |
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the court, the court shall order the release of the bond. If the |
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person gave a supersedeas bond and if the amount of the repayment is |
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reduced, the court shall order the release of the bond after the |
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person pays the amount. |
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(o) An ordered repayment collected under this article shall |
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be sent to the comptroller and deposited to the credit of the |
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compensation to victims of crime fund. |
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(p) All proceedings under this article are subject to |
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Chapter 2001, Government Code. |
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(q) In addition to the ordered repayment authorized by this |
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article, the attorney general may recover all expenses incurred by |
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the attorney general in the investigation, institution, and |
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prosecution of the suit, including investigative costs, witness |
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fees, attorney's fees, and deposition expenses. |
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SECTION 2. This Act takes effect September 1, 2007. |