| (a) As provided by Texas Code of Criminal Procedure
Article 56.41(c), the OAG may deny an award to prevent the unjust
enrichment of an offender or an accomplice of the offender.
(b) When determining whether an application or award
for compensation may be denied based on unjust enrichment, pursuant
to Texas Code of Criminal Procedure Article 56.41(b)(5), the following
factors will be considered:
(1) whether, and to what extent the offender or the
accomplice of an offender has access to any cash compensation payments
paid to, or on behalf of, the victim or claimant by the OAG;
(2) whether the award is essential to the health or
safety of the victim or claimant; and
(3) whether the compensation will directly benefit
the offender or an accomplice of the offender in more than a minimal
or inconsequential manner.
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