Title CR, Code of Criminal Procedure

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 (…

Art. 56B.352. SUIT; VENUE. Not later than the 40th day after the date the claimant or victim gives notice of dissatisfaction under Article 56B.351, the claimant or victim must bring suit in: (1) the district court having jurisdiction in the county in which: (A) the injury or deat…

Art. 56B.353. RESTRICTIONS ON ATTORNEY GENERAL DURING JUDICIAL REVIEW. While judicial review of a decision by the attorney general is pending, the attorney general: (1) shall suspend payments to the claimant or victim; and (2) may not reconsider the award. Added by Acts 2019, 86t…

Art. 56B.354. STANDARD OF REVIEW. The court shall determine the issues by trial de novo. Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.06, eff. January 1, 2021.

Art. 56B.355. BURDEN OF PROOF. The burden of proof is on the claimant or victim filing the notice of dissatisfaction. Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.06, eff. January 1, 2021.

Art. 56B.356. ATTORNEY'S FEES. In the event of judicial review, a court may award as attorney's fees an amount not to exceed 25 percent of the total recovery by the claimant or victim. Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.06, eff. January 1, 2021.

Art. 56B.357. CALCULATION OF TIME. In calculating a period under Article 56B.351 or 56B.352, if the last day is a legal holiday or Sunday, the last day is not counted, and the time is extended to include the next business day. Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 41…

Art. 56B.401. NOTICE OF PROPOSED PRIVATE ACTION. Before a claimant or victim may bring an action to recover damages related to criminally injurious conduct for which compensation under this chapter is claimed or awarded, the claimant or victim must give the attorney general writt…

Art. 56B.402. RECEIPT OF NOTICE. After receiving notice under Article 56B.401, the attorney general shall promptly: (1) join in the action as a party plaintiff to recover benefits awarded; (2) require the claimant or victim to bring the action in the claimant's or victim's name a…

Art. 56B.403. DEDUCTION FOR REASONABLE EXPENSES. (a) A claimant or victim who brings an action as a trustee as described by Article 56B.402(2) and recovers compensation awarded by the attorney general may deduct from the benefits recovered on behalf of the state the reasonable ex…

Art. 56B.404. LIMITATIONS ON RESOLUTION OF ACTION. (a) A claimant or victim may not settle or otherwise resolve any such action without the attorney general's written authorization. (b) A third party or agent, insurer, or attorney of a third party may not participate in the settl…

Art. 56B.405. CRIMINAL PENALTY. (a) A claimant, victim, or third party, or an agent, insurer, or attorney of a third party, commits an offense if the person knowingly fails to comply with the requirements of this chapter, Chapter 56A, or Subchapter B, Chapter 58. (b) An offense u…

Art. 56B.451. DEFINITION. In this subchapter, "fund" means the compensation to victims of crime fund. Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.06, eff. January 1, 2021.

Art. 56B.452. ESTABLISHMENT. (a) The compensation to victims of crime fund is in the state treasury. (b) Section 403.095, Government Code, does not apply to the fund. Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.06, eff. January 1, 2021.

Art. 56B.453. USE OF MONEY. (a) Money in the fund may be used only as provided by this chapter and is not available for any other purpose. (b) Except as provided by Subsection (d) and Articles 56B.455, 56B.458, 56B.459, and 56B.460, the fund may be used only by the attorney gener…

Art. 56B.454. LIMITATIONS ON PAYMENTS. (a) The attorney general may not make compensation payments that exceed the amount of money available in the fund. (b) General revenue funds may not be used for payments under this chapter. Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. …

Art. 56B.455. AMOUNT CARRIED FORWARD. An amount of money deposited to the credit of the fund not to exceed one-quarter of the amount disbursed from that fund in the form of compensation payments during a state fiscal year shall be carried forward into the next succeeding state fi…

Art. 56B.456. TRANSFER OF MONEY FROM AUXILIARY FUND. (a) Not later than September 15 of each year, the attorney general, after consulting with the comptroller, shall certify the amount of money remaining in the compensation to victims of crime auxiliary fund at the end of the pre…

Art. 56B.457. GIFTS, GRANTS, AND DONATIONS. (a) The attorney general may accept gifts, grants, and donations to be credited to the fund. (b) The attorney general shall file annually with the governor and the presiding officer of each house of the legislature a complete and detail…

Art. 56B.458. EMERGENCY RESERVE. (a) If the amount available in the fund is sufficient in a state fiscal year to make all compensation payments, the attorney general may retain any portion of the fund that was deposited during the fiscal year that exceeded compensation payments m…

Art. 56B.459. APPROPRIATION FOR ASSOCIATE JUDGE PROGRAM. The legislature may appropriate money in the fund to administer the associate judge program under Subchapter C, Chapter 201, Family Code. Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.06, eff. January 1, …

Art. 56B.460. APPROPRIATION FOR OTHER CRIME VICTIM ASSISTANCE. (a) Not later than December 15 of each even-numbered year, the attorney general, after consulting with the comptroller, shall prepare forecasts and certify estimates of: (1) the amount of money in the fund that the at…

Art. 56B.461. USE OF AUXILIARY FUND. As appropriated by the legislature, the attorney general may use the compensation to victims of crime auxiliary fund to cover costs incurred by the attorney general in administering the address confidentiality program established under Subchap…

Art. 56B.462. PAYERS OF LAST RESORT. The fund and the compensation to victims of crime auxiliary fund are the payers of last resort. Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.06, eff. January 1, 2021. SUBCHAPTER K. ADMINISTRATIVE PENALTY

Art. 56B.501. CONDUCT SUBJECT TO PENALTY; AMOUNT OF PENALTY. (a) A person who presents to the attorney general, or engages in conduct that results in the presentation to the attorney general of, an application for compensation under this chapter that contains a statement or repre…

Art. 56B.502. REPORT AND NOTICE OF VIOLATION AND PENALTY. (a) On determining that a violation has occurred, the attorney general may issue a report stating: (1) the facts on which the determination is made; and (2) the attorney general's recommendation on the imposition of an adm…

Art. 56B.503. PENALTY TO BE PAID OR HEARING REQUESTED. (a) Not later than the 20th day after the date the person receives the notice, the person in writing may: (1) accept the attorney general's determination and recommended administrative penalty; or (2) request a hearing on the…

Art. 56B.504. HEARING. (a) If the person requests a hearing as provided by Article 56B.503(a) or fails to respond to the notice in a timely manner, the attorney general shall set a contested case hearing under Chapter 2001, Government Code, and notify the person of the hearing. (…

Art. 56B.505. DECISION BY ATTORNEY GENERAL. (a) Based on the findings of fact, conclusions of law, and proposal for a decision, the attorney general by order may find that: (1) a violation occurred and impose an administrative penalty; or (2) a violation did not occur. (b) Notice…

Art. 56B.506. OPTIONS FOLLOWING DECISION: PAY OR APPEAL. (a) Not later than the 30th day after the date the attorney general's order becomes final under Section 2001.144, Government Code, the person shall: (1) pay the administrative penalty; (2) pay the penalty and file a petitio…

Art. 56B.507. COLLECTION OF PENALTY. If the person does not pay the administrative penalty and the enforcement of the penalty is not stayed, the attorney general may file suit to collect the penalty. Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.06, eff. Januar…

Art. 56B.508. DECISION BY COURT. (a) If the court sustains the finding that a violation occurred, the court may order the person to pay the full or a reduced administrative penalty. (b) If the court does not sustain the finding that a violation occurred, the court shall order tha…

Art. 56B.509. REMITTANCE OF PENALTY AND INTEREST. (a) If the person paid the administrative penalty and the amount is reduced or is not upheld by the court, the court shall order that the appropriate amount plus accrued interest be remitted to the person. (b) The interest accrues…

Art. 56B.510. RELEASE OF BOND. (a) If the person gave a supersedeas bond and the administrative penalty is not upheld by the court, the court shall order the release of the bond. (b) If the person gave a supersedeas bond and the amount of the penalty is reduced, the court shall o…

Art. 56B.511. DISPOSITION OF PENALTY. An administrative penalty collected under this subchapter shall be sent to the comptroller and deposited to the credit of the compensation to victims of crime fund. Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.06, eff. Jan…

Art. 56B.512. RECOVERY OF EXPENSES. In addition to the administrative penalty authorized by this subchapter, the attorney general may recover all expenses incurred by the attorney general in the investigation, institution, and prosecution of the suit, including investigative cost…

Art. 56B.513. ADMINISTRATIVE PROCEDURE. A proceeding under this subchapter is subject to Chapter 2001, Government Code. Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.06, eff. January 1, 2021. SUBCHAPTER L. OTHER PENALTIES AND SANCTIONS

Art. 56B.551. LETTER OF REPRIMAND. (a) The attorney general may issue a letter of reprimand against an individual who the attorney general finds has filed or has caused to be filed under this chapter an application for benefits or claim for pecuniary loss that contains a statemen…

Art. 56B.552. CIVIL PENALTY. (a) A person is subject to a civil penalty of not less than $2,500 or more than $25,000 for each application for compensation that: (1) is filed under this chapter by the person or as a result of the person's conduct; and (2) contains a material state…