| (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.
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