SECTION 61.405. Other Limits on Compensation

(a) The limits on amounts of awards may be different from the amounts listed in this chapter based on the statute and rules in effect at the time of the criminally injurious conduct.

(b) Under Texas Code of Criminal Procedure Article 56.32(a)(9)(c), the actual cost of care for a child victim, a dependent of a victim or a minor child of a victim may be awarded if the criminally injurious conduct occurred on or after September 1, 1997, and the care is a new and ongoing expense resulting from the criminally injurious conduct. Care of a child or dependent under this section is subject to the following provisions:

(1) For criminally injurious conduct that occurs between May 8, 2005 and July 14, 2016, child care is limited to 13 continuous weeks if the victim is not deceased, unless good cause exists;

(2) For criminally injurious conduct that occurs on or after July 15, 2016, child care is limited to 52 continuous weeks if the victim is not deceased, unless good cause exists;

(3) Limited to children 14 and under, unless good cause exists;

(4) Must be provided by a licensed, registered, or certified care provider;

(5) May not be paid once a person no longer qualifies as a child or dependent; and

(6) Limited to the following amounts for criminally injurious conduct occurring:

(A) Between September 1, 1997 and July 14, 2016, $100 per week for each child or dependent; or

(B) On or after July 15, 2016, $300 per week for each child or dependent.

(c) Funeral and burial expenses provided by Texas Code of Criminal Procedure Article 56.32(a)(9)(D) are limited as follows:

(1) for criminally injurious conduct occurring before July 15, 2016, compensation may not exceed $4500;

(2) for criminally injurious conduct occurring on or after July 15, 2016, compensation may not exceed $6500; and

(3) the actual, reasonable and necessary costs of transporting the deceased victim 50 miles or more to the funeral service location, and 50 miles or more to the place of burial, are allowable funeral and burial expenses which are in addition to the funeral and burial limits associated with paragraphs (1) and (2) of this subsection.

(d) Under Texas Code of Criminal Procedure Article 56.32(a)(9)(F), the actual, reasonable, and necessary cost of cleaning the crime scene is limited as follows:

(1) for criminally injurious conduct that occurs between September 1, 1995 and July 14, 2016, compensation may not exceed $750; and

(2) for criminally injurious conduct that occurs on or after July 15, 2016, compensation may not exceed $2250 per victim.

(e) Under Texas Code of Criminal Procedure Article 56.32(a)(9)(G), the OAG may pay for the reasonable replacement costs as follows:

(1) for criminally injurious conduct that occurs between September 1, 1995 and July 14, 2016, compensation may not exceed $750; and

(2) for criminally injurious conduct that occurs on or after July 15, 2016, compensation may not exceed $1000 per victim.

(f) Under Texas Code of Criminal Procedure Article 56.61, the OAG may reimburse claimants for pecuniary losses within the limits and at the rates in effect on the date the identity of the victim is established by a law enforcement agency.

Source Note: The provisions of this §61.405 adopted to be effective December 15, 2002, 27 TexReg 11513; amended to be effective May 8, 2005, 30 TexReg 2491; amended to be effective November 14, 2007, 32 TexReg 8117; amended to be effective October 30, 2014, 39 TexReg 8373; amended to be effective July 5, 2016, 41 TexReg 4797