SECTION 61.404. Travel Expenses

(a) Pursuant to Texas Code of Criminal Procedure Article 56.32(a)(9)(B), (D), and (J), the OAG may reimburse a victim or claimant for actual, reasonable and necessary travel expenses resulting from the criminally injurious conduct. Reasonable and necessary travel expenses include transportation provided by a commercial transportation company, or for mileage for the use of the victim's or claimant's personally owned motor vehicle, including reimbursement to a claimant transporting a victim who is physically or legally unable to operate a motor vehicle. The OAG may reimburse transportation expenses only from the victim's or claimant's residence, unless the applicant demonstrates that good cause exists for another starting destination. The travel distance must exceed 20 miles one-way.

(b) Meals and lodging expenses are considered reasonable and necessary travel expenses under Texas Code of Criminal Procedure Article 56.32(a)(9)(B)(ii) and (iii), (D), and (J). The OAG may reimburse a victim or claimant for meals and lodging if:

(1) the travel distance, one-way from the victim's or claimant's residence, exceeds 60 miles; and

(2) lodging is provided by a commercial lodging establishment including a hotel, motel, inn, apartment, or similar entity that offers lodging to the public in exchange for compensation.

(c) Reimbursement to a victim or claimant for transportation, meals and lodging may not be paid at a rate that exceeds the maximum rates provided by law to Texas state employees. If no state maximum rate for an expense exists by law, the OAG may reimburse the victim or claimant at a rate determined to be reasonable and necessary. Reimbursement for meals may be paid only if the victim or claimant stays overnight, regardless of whether the OAG reimburses for lodging expenses related to the stay.

(d) A victim or claimant seeking reimbursement shall submit a verified statement on a form prescribed by the OAG setting forth the transportation, meals, and lodging expenses under this section. The form shall reflect the number of hours or days of travel and attendance and the mileage using the shortest route between the victim's or claimant's residence and the travel destination if a personal vehicle is used. The victim or claimant shall submit all receipts of transportation and lodging with the claim form. The forms shall contain all of the signatures of the appropriate officials in the following manner:

(1) for psychiatric care or counseling, or medically indicated services, the signature of a health care provider;

(2) for attendance at or participation in the investigation of the criminally injurious conduct leading to the application, the signature of the law enforcement officer, crime victim liaison, or victim assistance coordinator requesting the victim's or claimant's presence;

(3) for attendance at or participation in the prosecution or judicial proceedings of the criminal case forming the basis of the application, the signature of the prosecuting attorney, his or her authorized representative the crime victim liaison, the victim assistance coordinator, the presiding official, or his or her authorized representative;

(4) for attendance at or participation in post-conviction or post-adjudication proceedings, the signature of the prosecuting attorney, his or her authorized representative, the crime victim liaison, the victim assistance coordinator, the presiding official, or his or her authorized representative;

(5) for attendance at the funeral or memorial service of a victim, the signature of the person officiating the service or a representative of the funeral home, or any other person deemed appropriate by the OAG; or

(6) for attendance at an execution proceeding, the signature of a representative, including a victim services professional from the offices of the district attorney, attorney general, a law enforcement agency or the Texas Department of Criminal Justice.

(e) A victim or claimant who is subject to a subpoena may not be reimbursed for travel expenses, pursuant to Texas Code of Criminal Procedure Article 56.32(a)(9)(B)(iii), for attendance at or participation in the prosecution, judicial, post-conviction or post-adjudication proceedings to the extent the witness receives reimbursement pursuant to Texas Code of Criminal Procedure Article 35.27.

(f) Reimbursement for reasonable and necessary travel expenses incurred by a claimant for an execution scheduled on or after June 21, 2003, is available for the purpose of witnessing an execution, as provided by to Texas Code of Criminal Procedure Article 56.32(a)(9)(I).

(g) Reimbursement for reasonable and necessary travel expenses incurred by an immediate family member or household member of a deceased victim to attend the funeral or memorial services of the victim, as provided by Texas Code of Criminal Procedure Article 56.32(a)(9)(D), is available for criminally injurious conduct occurring on or after September 1, 2003.

Source Note: The provisions of this §61.404 adopted to be effective December 15, 2002, 27 TexReg 11513; amended to be effective February 17, 2004, 29 TexReg 1329; amended to be effective May 8, 2005, 30 TexReg 2491; amended to be effective October 30, 2014, 39 TexReg 8373; amended to be effective August 20, 2017, 42 TexReg 3961