Title CR, Code of Criminal Procedure

Art. 56B.004. ADMINISTRATION; RULES. (a) The attorney general shall adopt rules consistent with this chapter governing its administration, including rules relating to the method of filing claims and the proof of entitlement to compensation and the review of health care services s…

Art. 56B.005. ANNUAL REPORT. Not later than the 100th day after the end of each state fiscal year, the attorney general shall submit to the governor and the legislature a report on the attorney general's activities during the preceding fiscal year, including a statistical summary…

Art. 56B.006. PUBLIC NOTICE. (a) A hospital licensed under the laws of this state shall display prominently in its emergency room posters giving notice of the existence and general provisions of this chapter. (b) The attorney general shall: (1) set standards for the location of t…

Art. 56B.007. NOTICE BY LOCAL LAW ENFORCEMENT AGENCY. (a) Each local law enforcement agency shall inform a claimant or victim of the provisions of this chapter and make application forms available. (b) The attorney general: (1) shall: (A) provide application forms and all other d…

Art. 56B.051. APPLICATION FOR COMPENSATION. (a) An applicant for compensation under this chapter must apply in writing on a form prescribed by the attorney general. (b) An application for compensation under this chapter must be verified and contain: (1) the date on which the crim…

Art. 56B.052. PERIOD FOR FILING APPLICATION. (a) Except as otherwise provided by this article, a claimant or victim must file an application not later than the third anniversary of the date of the criminally injurious conduct. (b) The attorney general may extend the time for fili…

Art. 56B.053. REPORTING OF OFFENSE REQUIRED. (a) Except as otherwise provided by this article, a claimant or victim may not file an application unless the victim reports the criminally injurious conduct to the appropriate state or local public safety or law enforcement agency wit…

Art. 56B.054. REVIEW AND INVESTIGATION OF APPLICATION. (a) The attorney general shall appoint a clerk to review each application for compensation described by Article 56B.051 to ensure the application is complete. (b) The attorney general may review the actual or proposed health …

Art. 56B.055. MENTAL OR PHYSICAL EXAMINATION; AUTOPSY. (a) For good cause shown, an order for a mental or physical examination or an autopsy as provided by Article 56B.054(e)(2) may be made on notice to the individual to be examined and, if applicable, to each person who has appe…

Art. 56B.056. HEARINGS AND PREHEARING CONFERENCES. (a) The attorney general shall determine whether a hearing on an application for compensation under this chapter is necessary. (b) On determining that a hearing is not necessary, the attorney general may approve the application i…

Art. 56B.057. APPROVAL OF APPLICATION. (a) The attorney general shall approve an application for compensation under this chapter if the attorney general finds by a preponderance of the evidence that grounds for compensation under this chapter exist. (b) The attorney general shall…

Art. 56B.058. DISCLOSURE AND USE OF INFORMATION. (a) This article does not apply to information made confidential by law. (b) An application for compensation under this chapter and any information, document, summary, or other record provided to or received, maintained, or created…

Art. 56B.101. TYPES OF ASSISTANCE. (a) On approving an application for compensation under Article 56B.057, the attorney general shall determine the type of state assistance that will best aid the claimant or victim. (b) The attorney general may: (1) authorize a cash payment to or…

Art. 56B.102. EMERGENCY AWARD. (a) The attorney general may make an emergency award for anticipated pecuniary losses if it appears likely that: (1) a final award will be made; and (2) the claimant or victim will suffer undue hardship if immediate economic relief is not obtained. …

Art. 56B.103. COMPENSATION FOR PECUNIARY LOSS. (a) The attorney general shall award compensation for pecuniary loss arising from criminally injurious conduct if the attorney general is satisfied by a preponderance of the evidence that the requirements of this chapter are met. (b)…

Art. 56B.104. COMPENSATION FOR HEALTH CARE SERVICES. (a) The attorney general shall award compensation for health care services according to the medical fee guidelines prescribed by Subtitle A, Title 5, Labor Code. (b) The attorney general, a claimant, or a victim is not liable f…

Art. 56B.105. COMPENSATION FOR CERTAIN CRIMINALLY INJURIOUS CONDUCT PROHIBITED. (a) Except as provided by Subsection (b), the attorney general may not award compensation for pecuniary loss arising from criminally injurious conduct that occurred before January 1, 1980. (b) The att…

Art. 56B.106. LIMITS ON COMPENSATION. (a) Except as otherwise provided by this article, awards payable to a victim and any other claimant sustaining pecuniary loss because of injury or death of that victim may not exceed $50,000 in the aggregate. (b) In addition to an award payab…

Art. 56B.107. DENIAL OR REDUCTION OF AWARD. (a) Except as otherwise provided by this article, the attorney general may deny or reduce an award otherwise payable: (1) if the claimant or victim has not substantially cooperated with an appropriate law enforcement agency; (2) if, as …

Art. 56B.108. RECONSIDERATION. (a) On the attorney general's own motion or on request of a claimant or victim, the attorney general may reconsider: (1) a decision to make or deny an award; or (2) the amount of an award. (b) At least annually, the attorney general shall reconsider…

Art. 56B.109. COMPENSATION FOR CERTAIN SURVIVORS OF MEMBERS OF TEXAS MILITARY FORCES. (a) In this article, "state active duty," "Texas military forces," and "Texas National Guard" have the meanings assigned by Section 437.001, Government Code. (b) The attorney general shall award…

Art. 56B.151. METHOD OF PAYMENT. The attorney general may pay an award in a lump sum or in installments as provided by this subchapter. Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.06, eff. January 1, 2021.

Art. 56B.152. PAYMENT FOR PECUNIARY LOSS ACCRUED AT TIME OF AWARD. The attorney general shall pay in a lump sum the part of an award equal to the amount of pecuniary loss accrued to the date of the award. Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.06, eff. J…

Art. 56B.153. PAYMENT FOR PECUNIARY LOSS ACCRUED AFTER TIME OF AWARD. (a) Except as provided by Subsection (b), the attorney general shall pay in installments the part of an award for allowable expenses that accrue after the award is made. (b) At the request of the claimant or vi…

Art. 56B.154. RECIPIENT OF PAYMENT. The attorney general may make payments only to an individual who is a claimant or a victim or to a provider on the individual's behalf. Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.06, eff. January 1, 2021. SUBCHAPTER E. GEN…

Art. 56B.201. ADJUSTMENT OF AWARDS AND PAYMENTS. (a) The attorney general shall establish a policy to adjust awards and payments so that the total amount of awards granted in each calendar year does not exceed the amount of money credited to the compensation to victims of crime f…

Art. 56B.202. SUBROGATION. If compensation is awarded under this chapter, the state is subrogated to all the claimant's or victim's rights to receive or recover benefits for pecuniary loss to the extent compensation is awarded from a collateral source. Added by Acts 2019, 86th Le…

Art. 56B.203. AWARD NOT SUBJECT TO EXECUTION. (a) Except as provided by Subsection (b), an award is not subject to execution, attachment, garnishment, or other process. (b) An award is not exempt from a claim of a creditor to the extent that the creditor provided a product, servi…

Art. 56B.204. ASSIGNMENT OF BENEFITS FOR LOSS ACCRUING IN FUTURE. (a) Except as provided by Subsections (b) and (c), an assignment of or agreement to assign a right to benefits for loss accruing in the future is unenforceable. (b) An assignment of a right to benefits for loss of …

Art. 56B.251. DEFINITION. In this subchapter, "peace officer" means an individual elected, appointed, or employed to serve as a peace officer for a governmental entity under Article 2A.001 or other law. The term includes a former peace officer who is entitled to receive payments …

Art. 56B.252. APPLICABILITY. This subchapter applies only to a peace officer who is employed by this state or a local governmental entity in this state and who sustains an injury in the performance of the officer's duties as a peace officer as a result of criminally injurious con…

Art. 56B.253. PAYMENT ENTITLEMENT. A peace officer to whom this subchapter applies is entitled to an annual payment in the amount described by Article 56B.254 if the officer presents evidence satisfactory to the attorney general that: (1) the officer's condition is a total disabi…

Art. 56B.254. AMOUNT OF PAYMENT. The amount of an annual payment under this subchapter is equal to the difference between: (1) any amount received by the peace officer for the injury or disability from another source of income, including settlements related to the injury or disab…

Art. 56B.255. METHOD OF PAYMENT. A peace officer who is entitled to an annual payment under Article 56B.253 may elect to receive the payment in: (1) a single payment paid each year; or (2) equal monthly installments. Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. …

Art. 56B.256. COST-OF-LIVING ADJUSTMENT. (a) The amount of a payment under Article 56B.254 is subject to an annual cost-of-living adjustment calculated by the attorney general. (b) The attorney general shall calculate the amount of the cost-of-living adjustment by multiplying the…

Art. 56B.257. CALCULATION OF INITIAL PAYMENT. The attorney general shall calculate the amount of an initial payment based on an injury suffered after September 1, 1989, by: (1) calculating the amount to which the peace officer is entitled under Article 56B.254; and (2) adding to …

Art. 56B.258. PROOF REQUIRED FOR PAYMENT. To receive a payment under this subchapter, a peace officer must provide to the attorney general: (1) proof that the injury: (A) was sustained in the performance of the applicant's duties as a peace officer; and (B) is a total disability …

Art. 56B.259. HEARING. The attorney general may approve the application without a hearing or may conduct a hearing under Article 56B.056. Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.06, eff. January 1, 2021.

Art. 56B.260. JUDICIAL REVIEW. The decision of the attorney general is subject to judicial review under Subchapter H. Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.06, eff. January 1, 2021.

Art. 56B.261. PERIODIC REVIEW. The attorney general may appoint a panel of physicians to periodically review each application for assistance under this subchapter to ensure the validity of the application and the necessity of continued assistance to the peace officer. Added by Ac…

Art. 56B.262. ISSUANCE OF WARRANT FOR PAYMENT. (a) The attorney general shall notify the comptroller of the attorney general's determination that a claim under this subchapter is valid and justifies payment. On receipt of the notice, the comptroller shall issue a warrant to or on…

Art. 56B.263. LIMITS ON COMPENSATION. The total aggregate amount of all annual payments made to an individual peace officer under this subchapter may not exceed $200,000. The limits on compensation imposed by Article 56B.106 do not apply to payments made under this subchapter. Ad…

Art. 56B.264. APPLICATION OF OTHER LAW. (a) Article 56B.052 does not apply to the filing of an application under this subchapter. (b) Other provisions of this chapter apply to this subchapter to the extent applicable and consistent with this subchapter. Added by Acts 2019, 86th L…

Art. 56B.301. AWARD OF ATTORNEY'S FEES. (a) As part of an order, the attorney general shall determine and award reasonable attorney's fees commensurate with legal services rendered, to be paid by the state to the attorney representing the claimant or victim. (b) Attorney's fees m…

Art. 56B.302. AMOUNT OF ATTORNEY'S FEES. (a) Attorney's fees may not exceed 25 percent of the amount of the award the attorney assisted the claimant or victim in obtaining. (b) If there is no dispute of the attorney general's determination of the amount due to the claimant or vic…

Art. 56B.351. NOTICE OF DISSATISFACTION. Not later than the 40th day after the date the attorney general renders a final decision, a claimant or victim may file with the attorney general a notice of dissatisfaction with the decision. Added by Acts 2019, 86th Leg., R.S., Ch. 469 (…