SECTION 61.414. Personal Injury Outside of Texas

(a) If a Texas resident suffers personal injury or death as a result of criminally injurious conduct that occurs in another state or country that has a crime victims' compensation program, the victim or claimant must first apply for compensation from that state or country. The other state or country must make a compensation eligibility determination prior to the OAG approving or denying an application for compensation. If an application is approved by the other state or country, the victim or claimant must exhaust that collateral source before the OAG makes a compensation award determination.

(b) Texas Code of Criminal Procedure Article 56.32(a)(3)(B) defines a collateral source as a benefit available from a federal agency. If a Texas resident applies for compensation for personal injury or death as a result of international terrorism, the victim or claimant must first apply with the federal International Terrorism Victim Expenses Reimbursement Program (ITVERP). ITVERP must make a compensation eligibility determination prior to the OAG reviewing an application for compensation. If a compensation claim is approved by ITVERP, the victim or claimant must exhaust that collateral source before the OAG makes a compensation award determination.

Source Note: The provisions of this §61.414 adopted to be effective November 14, 2007, 32 TexReg 8117; amended to be effective October 30, 2014, 39 TexReg 8373