SECTION 61.403. Loss of Support Payments for Dependents

(a) Pursuant to Texas Code of Criminal Procedure Article 56.32(a)(9)(E), the OAG may make payments for actual loss of support for the dependent(s) of a victim. Under this provision, actual loss of support will be paid to the victim or to a claimant on behalf of a dependent(s) if the victim is deceased.

(b) To determine the actual loss of support for the dependent(s), the OAG may consider the victim's income and the offender's income if the income source was available for the dependent(s) on the date of the criminally injurious conduct and was lost as a result of that criminally injurious conduct. The amount of any award for loss of support shall be reduced by any payments from collateral sources and any loss of earnings paid under §61.402 of this subchapter (relating to Loss of Earnings). Loss of support payments may not exceed the actual pecuniary loss or any other limits set by this section.

(c) Consistent with Texas Code of Criminal Procedure Article 56.41(b)(5), the OAG shall not make loss of support payments for the dependent(s) of a victim if the offender or an accomplice of the offender would benefit from such payment, consistent with §61.413 of this subchapter (relating to Unjust Enrichment).

(d) The OAG will review the supporting documentation provided by the victim or claimant to determine eligibility and amount of an award of loss of support payments. The OAG will determine if the documentation is sufficient to support an award under this section. The victim or claimant must provide all documentation deemed necessary by the OAG as proof of the following:

(1) the dependent is the victim's dependent, as defined in Texas Code of Criminal Procedure Article 56.32(a)(5);

(2) the amount of net income or other verifiable support available for the dependent;

(3) if applicable, verification that the victim is deceased or verification of the medical disability of the victim consistent with §61.502 of this chapter (relating to Medical Reports and Records); and

(4) any other documentation deemed necessary by the OAG.

(e) Payments made under this section are subject to ongoing review by the OAG to determine continued eligibility. If the victim has a medical disability as a result of the criminally injurious conduct and therefore is unable to work, then the victim or claimant must comply with, and is subject to, all provisions of §61.502 of this chapter.

(f) Loss of support payments for the dependent(s) of a deceased victim may be paid on an ongoing basis at 100% of the pecuniary loss, subject to the award cap determined by the date of the criminally injurious conduct, up to the maximum amount of the claim or until the dependent(s) no longer qualifies due to age or emancipation, subject to the following provisions:

(1) If there are multiple dependents of a deceased victim, the OAG will pay the loss of support payments in equal amounts for each eligible dependent claimant not to exceed the aggregate limits set in paragraph (2) of this subsection.

(2) The amount of the loss of support payment awarded for the dependent(s) of a deceased victim is determined by the date of the criminally injurious conduct and is limited pursuant to Texas Code of Criminal Procedure Article 56.42(c) as follows:

(A) Between January 1, 1980 and August 31, 1989, the maximum amount of an award for loss of support is $150 per week.

(B) Between September 1, 1989 and August 31, 1995, the maximum amount of an award for loss of support is $200 per week.

(C) Between September 1, 1995 and January 31, 1998, the maximum amount of an award for loss of support is $400 per week.

(D) Between February 1, 1998 and July 14, 2016, the maximum amount of an award for loss of earnings is $500 per week.

(E) On or after July 15, 2016, the maximum amount of an award for loss of earnings is $700 per week.

(g) Loss of support payments made for the dependent(s) of a surviving victim may be paid to the victim, subject to the following provisions:

(1) To be eligible to receive an award under this section, the criminally injurious conduct causing the injury to the surviving victim must have occurred on or after September 1, 1997.

(2) If there are multiple dependents of a surviving victim, the OAG will pay the loss of support payments in equal amounts for each eligible dependent not to exceed the aggregate limits set in paragraph (3) of this subsection.

(3) The amount of the loss of support payment awarded for dependent(s) of a surviving victim is determined by the date of the criminally injurious conduct and is limited pursuant to Texas Code of Criminal Procedure Article 56.42(c) as follows:

(A) Between September 1, 1997 and January 31, 1998, the maximum amount of an award for loss of support is $400 per week.

(B) Between February 1, 1998 and July 14, 2016, the maximum amount of an award for loss of support is $500 per week.

(C) On or after July 15, 2016, the maximum amount of an award for loss of support is $700 per week.

(4) An award of loss of support for the dependent(s) of a surviving victim is limited to 13 continuous weeks following the date of the criminally injurious conduct. If the surviving victim is medically disabled as a result of the criminally injurious conduct, such that the surviving victim is unable to work, loss of support payments for the dependent(s) of the surviving victim will be paid during the medical disability period and will continue for 13 continuous weeks after the removal of the medical disability. Loss of support payments are subject to the limits in effect on the date of the criminally injurious conduct, and are paid up to the maximum amount of the claim or until the dependent(s) no longer qualifies as a dependent by age or emancipation.

Source Note: The provisions of this §61.403 adopted to be effective December 15, 2002, 27 TexReg 11513; amended to be effective October 30, 2014, 39 TexReg 8373; amended to be effective July 5, 2016, 41 TexReg 4797