| (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.
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| 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 |
