SECTION 61.602. Eligibility and Reimbursement for Relocation and Housing Rental Expenses Benefits

(a) Pursuant to Texas Code of Criminal Procedure Article 56.42(d), the OAG shall determine eligibility for reimbursement of the reasonable and necessary costs for relocation and housing rental expenses. A request for relocation and housing rental expenses must be incurred within three years of the date of the criminally injurious conduct unless the OAG determines that good cause exists for an extension.

(b) A victim of domestic violence that occurred between June 19, 1999, and August 31, 2001, may receive reimbursement for relocation and housing rental expenses.

(c) A victim of family violence that occurred on or after September 1, 2001, may receive reimbursement for relocation and housing rental expenses.

(d) A victim of sexual assault who is sexually assaulted in the victim's place of residence on or after September 1, 2001, may receive reimbursement for relocation and housing rental expenses.

(e) A victim of trafficking of persons on or after September 1, 2013, may receive a reimbursement for relocation and housing rental expenses.

(f) The OAG will verify that the victim requesting this award is eligible by reviewing:

(1) the offense report submitted by a law enforcement agency;

(2) a signed copy of a protective order, including the application for a protective order, pursuant to Texas Family Code Chapters 71, 81, 82 or Texas Code of Criminal Procedure Chapter 7A or 7B; or

(3) evidence of the relationship between the victim and the offender, if necessary.

(g) The OAG may not reimburse a victim for relocation expenses in excess of $2,000. To determine the amount of an award for relocation expenses, the victim must provide the OAG proof of actual costs or an estimate of the relocation expenses on the form provided and approved by the OAG. Relocation expenses may include, but are not limited to the actual costs of rental deposits, utility connections, moving vans, moving labor, packing, and private vehicle mileage. Relocation expenses may be limited to the victim's proportionate share of costs based on the number of adult tenants listed on the leasing agreement. Expenses for transportation, lodging, and meals will be reimbursed in a manner consistent with §61.404 of this chapter (relating to Travel Expenses) and are limited to out of state moves. Restrictions on reimbursement for travel under 20 miles are not applicable for this award.

(h) The victim must provide the OAG with documentation such that the OAG can reconcile the estimated relocation costs with the actual relocation expenditures within 30 days of receipt of CVC funds. In the event the estimated relocation costs were:

(1) less than the actual relocation expenses, the OAG will reimburse the victim for the actual relocation costs. The total amount of a relocation award may not exceed $2,000; or

(2) more than the actual relocation expenses, the OAG will:

(A) reduce other compensation to which the victim may be entitled by an amount equal to the overpayment; or

(B) demand payment from the victim to satisfy the overpayment.

(i) An award for rental expenses under this provision may be approved for three months of rent, not to exceed $1,800. Rent payments shall be limited to the victim's proportionate share of rent based on the number of adult tenants listed on the leasing agreement. To make an award for rental expenses, the victim must provide to the OAG the following information:

(1) a copy of the signed lease or signed contract for a rental agreement for the victim, or a written statement from the landlord showing the location of the rental property, the date of the victim's move-in, the rent amount, the rent due date, and the names of the occupants of the rental property;

(2) the landlord's name, phone number, address, and federal tax identification number or social security number; or the name of the management company to whom the rent is paid and its phone number, address, and federal tax identification number; and

(3) other information deemed necessary by the OAG to assist in locating the victim or claimant.

(j) Pursuant to Texas Code of Criminal Procedure Article 56.41(b)(5), rent expenses shall be denied if the offender is listed on the new rental agreement with the victim or claimant.

(k) In accordance with Texas Code of Criminal Procedure Article 56.42(d), the OAG may reimburse a victim for relocation and rental expenses one time only, per offender.

Source Note: The provisions of this §61.602 adopted to be effective December 15, 2002, 27 TexReg 11513; amended to be effective November 14, 2007, 32 TexReg 8119; amended to be effective October 30, 2014, 39 TexReg 8373