(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 who is a victim of stalking, family violence, or trafficking of persons, or a victim of sexual assault who is assaulted in the victim’s place of residence, may receive a one-time assistance payment in an amount not to exceed:
(1) $2,000 to be used for relocation expenses, including expenses for rental deposit, utility connections, expenses relating to moving belongings, motor vehicle mileage expenses, and for an out-of-state move, transportation, lodging, and meals; and
(2) $1,800 to be used for housing rental expenses.
(d) An immediate family member or household member of a deceased victim may not receive more than $1,000 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.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.06, eff. January 1, 2021.
Art. 56B.107. DENIAL OR REDUCTION OF AWARD. (a) The attorney general may deny or reduce an award otherwise payable:
(1) if the claimant or victim has not substantially cooperated with an appropriate law enforcement agency;
(2) if, as a result of the claimant’s or victim’s behavior, the claimant or victim bears a share of the responsibility for the act or omission giving rise to the claim;
(3) to the extent that pecuniary loss is recouped from a collateral source; or
(4) if the claimant or victim was engaging in an activity that at the time of the criminally injurious conduct was prohibited by law, including a rule.
(b) Subsection (a)(4) does not apply to a claimant or victim who seeks compensation for criminally injurious conduct that is:
(1) in violation of Section 20A.02(a)(7), Penal Code; or
(2) trafficking of persons, other than an offense described by Subdivision (1), if the activity the claimant or victim engaged in was the result of force, fraud, or coercion.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.06, eff. January 1, 2021.
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