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Current as of January 01, 2024 | Updated by Findlaw Staff
(a) Except as otherwise provided by this article, awards payable to a victim and any other claimant sustaining pecuniary loss because of injury or death of that victim may not exceed $50,000 in the aggregate.
(b) In addition to an award payable under Subsection (a), the attorney general may award not more than $75,000 for extraordinary pecuniary loss if the personal injury to a victim is catastrophic and results in a total and permanent disability to the victim. An award described by this subsection may be made for lost wages and the reasonable and necessary costs of:
(1) making a home or motor vehicle accessible;
(2) obtaining job training and vocational rehabilitation;
(3) training in the use of a special appliance;
(4) receiving home health care;
(5) durable medical equipment;
(6) rehabilitation technology; and
(7) long-term medical expenses incurred as a result of medically indicated treatment for the personal injury.
(c) A victim of stalking, family violence, or trafficking of persons, a victim of sexual assault who is assaulted in the victim's place of residence, or a child who is a victim of a murder attempt in the child's place of residence may receive compensation for the following expenses:
(1) relocation expenses, including expenses for rental deposit, utility connections, expenses relating to moving belongings, motor vehicle mileage expenses, temporary or emergency lodging, and for an out-of-state move, expenses for transportation, lodging, and meals; and
(2) housing rental expenses.
(c-1) A victim other than a victim described by Subsection (c), a dependent of any victim, a family member of any victim if that family member has previously resided with the victim for a period of not less than two years, or a household member of any victim may receive compensation for the following expenses, if the expenses are necessary to protect the health or safety of the victim, dependent, or family or household member:
(1) relocation expenses, including expenses for rental deposit, utility connections, expenses relating to moving belongings, motor vehicle mileage expenses, temporary or emergency lodging, and for an out-of-state move, expenses for transportation, lodging, and meals; and
(2) housing rental expenses.
(c-2) Unless the attorney general determines that there is an extraordinary health or safety need for compensation to be made to more than two households, the attorney general may, for each application based on criminally injurious conduct giving rise to the need for relocation or housing rental expenses, award compensation for relocation or housing rental expenses under Subsection (c) or (c-1) to the households of no more than:
(1) one victim and one claimant; or
(2) two claimants, if the victim is deceased.
(c-3) A victim or claimant may not receive more than $5,000 in the aggregate for relocation expenses and housing rental expenses under Subsection (c) or (c-1).
(d) A family member or household member of a deceased victim may not receive more than $3,333 in lost wages as a result of bereavement leave taken by the family or household member.
(e) The attorney general by rule may establish a limitation on any other pecuniary loss compensated under this chapter, including a limitation on pecuniary loss incurred as a result of a claimant's travel to and attendance of a deceased victim's funeral.
Cite this article: FindLaw.com - Texas Code of Criminal Procedure - CRIM P Art. § 56B.106. Limits on Compensation - last updated January 01, 2024 | https://codes.findlaw.com/tx/code-of-criminal-procedure/crim-ptx-crim-pro-art-56b-106/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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