(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.
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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 |