Texas Register, Volume 32, Number 45, Pages 8061-8222, November 9, 2007 Page: 8,117
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ADOPTED
E Adopted rules include new rules, amendments to existing rules, and repeals of existing
rules. A rule adopted by a state agency takes effect 20 days after the date on which it is
filed with the Secretary of State unless a later date is required by statute or specified in
the rule (Government Code, 2001.036). If a rule is adopted without change to the text of the proposed rule, then the
Texas Register does not republish the rule text here. If a rule is adopted with change to the text of the proposed rule, then
the final rule text is included here. The final rule text will appear in the Texas Administrative Code on the effective date.TITLE 1. ADMINISTRATION
PART 3. OFFICE OF THE ATTORNEY
GENERAL
CHAPTER 61. CRIME VICTIMS'
COMPENSATION
SUBCHAPTER E. PECUNIARY LOSS
1 TAC 61.402, 61.405 - 61.407, 61.414, 61.415
The Office of the Attorney General (OAG) adopts an amendment
to Subchapter E (Pecuniary Loss) 61.402, 61.405 - 61.407,
and new 61.414 and 61.415. The amendments to 61.402,
61.406, and 61.407, and new 61.414 and 61.415 are adopted
without changes to the proposed text as published in July 6,
2007, issue of the Texas Register (32 TexReg 4107) and will
not be republished. The amendment to 61.405 is adopted with
changes to the proposed text as published in the July 6, 2007,
issue of the Texas Register (32 TexReg 4107) and will be repub-
lished.
The amendments are adopted to accurately implement, inter-
pret, and prescribe the law and minimum standards of practices,
procedures, and policies of the OAG relating to the administra-
tion of the Texas Compensation to Victims of Crime Fund as re-
quired by the Administrative Procedures Act, Texas Government
Code, Chapter 2001.
Section 61.402 adds the requirement that after six months of re-
ceiving crime related mental healthcare, a treatment recommen-
dation associated with continued prescribed medication must be
submitted. Adds limit to providing care for incapacitated adults
or minor children not to exceed 180 consecutive days, if the at-
tending physician provides a letter stating the care is medically
necessary.
Section 61.405 clarifies that a victim, and the victim's minor chil-
dren and dependents are eligible for care benefits, and clarifies
that the transportation of a deceased victim is excluded from the
limit on burial costs when the remains are transported more than
50 miles from either the place of death to the funeral home, or
from the funeral home to the place of burial.
Section 61.406 establishes that earned wages may be consid-
ered a collateral source during the period of time within which
a victim or claimant receives lost wage compensation benefits
from CVC.
Section 61.407 clarifies that "extraordinary pecuniary loss"
means crime related expenses that exceed, or the OAG antici-
pates expenses to exceed, the maximum amount allowed under
Texas Code Criminal Procedure Article 56.42(a). Provides
that once the OAG determines that a victim is catastrophicallyinjured, the OAG may approve payment of expenses from either
the victim's basic or catastrophic compensation benefits as
determined appropriate by the OAG. Requires that the legal
owner of a home to submit verification of ownership and written
permission to modify a dwelling for which a victim or claimant
seeks accessibility.
Section 61.414 establishes the process for applying for compen-
sation benefits when a Texas resident is injured in another state
or country with a compensation program, and how to apply for
federal and state compensation when a Texas resident is injured
as a result of international terrorism.
Section 61.415 establishes the method by which CVC requests
a refund of overpayments resulting from the victim or claimant
failing to report collateral sources, and when a victim dies sub-
sequent to being approved for benefits, and there is no claimant
on the application.
The public comment period began July 6, 2007 and ended Au-
gust 6, 2007. The following is a summary of Comments received
and corresponding Agency responses regarding the proposed
amendments.
Comment. Concerning 61.402, Loss of Earnings, the Texas
Council on Family Violence (TCFV) recommends that the OAG
review loss of earnings claims on a case-by-case basis and, if
deemed necessary by the OAG, extend the 180 days loss of
earnings to care for an incapacitated adult victim or minor child
victim.
Agency Response. The Agency agrees but declines to make the
suggested change, as the rules already allow for flexibility. Ad-
ministrative rule 61.1(d) provides that the Agency may suspend
the administrative rules if good cause is shown that compliance
would result in an injustice to any party. The Agency reviews all
claims on a case-by-case basis, and if good cause is shown the
Agency may approve loss of earnings beyond 180 consecutive
days to provide care of an incapacitated adult victim or minor
child victim.
Comment. Concerning 61.405, Other Limits on Compensa-
tion, TCFV recommended that the word "each" before the word
"dependent" would clarify whether the new language provides a
maximum of $100 per week regardless of the number of children
or $100 per week per child.
Agency Response. The Agency agrees and has changed the
rule to clarify that the $100 weekly maximum applies to the cost
of care for each dependent and minor child.
Comment. Concerning 61.405, Other Limits on Compensation,
TCFV recommended a clarification on whether transportation of
the deceased victim more than 50 miles to the funeral service
location, and 50 miles or more to the place of burial, are excluded
from the $4500 funeral expense limit.ADOPTED RULES November 9, 2007 32 TexReg 8117
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Texas. Secretary of State. Texas Register, Volume 32, Number 45, Pages 8061-8222, November 9, 2007, periodical, November 9, 2007; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth97422/m1/56/?q=music: accessed July 1, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.