1 Tex. Admin. Code § 61.2
Definitions
Effective Feb 1, 199823 TexReg 347Source Note: The provisions of this §61.2 adopted to be effective October 12, 1992, 17 TexReg 6597; amended to be effective September 1, 1994, 19 TexReg 6913; amended to be effective March 1, 1996, 21 TexReg 1379; amended to be effective February 1, 1998, 23 TexReg 347.Texas Secretary of State
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
- (1) Accomplice--A person who is criminally responsible as a party to an offense under Texas Penal Code, Chapter 7, as amended or as may hereafter be amended.
- (2) Catastrophic--The term as used in the Act, Article 56.42(b), shall mean injuries involving a sustained loss of function, including, but not limited to any of the following conditions: mangling, crushing or amputation of a major portion of an extremity; traumatic injury to the spinal cord that has caused or may cause paralysis; severe burns that require burn center care; or serious head injury, loss of vision in both eyes, or loss of hearing in both ears.
- (3) Chief--The administrative head of the Crime Victims Compensation Division.
- (4) Interested person--The term as used in the Act, Article 56.40, does not include the accused criminal offender or non-claimant creditors.
- (5) Pecuniary loss--The term as used in the Act, Article 56.32(9)(A), includes repair or replacement of medical appliances damaged or stolen as a result of the criminally injurious conduct and the cost of sexual assault forensic examinations. No other property loss is covered.
- (6) Physical therapy--Health care that prevents, identifies, corrects, and alleviates acute or prolonged movement dysfunction or pain of anatomical or physiological origin. Physical therapy includes the testing and measurement of the function of the musculoskeletal, neurological, pulmonary, and cardiovascular systems and rehabilitative treatment concerned with the restoration of function and prevention of disability caused by injury from criminally injurious conduct. Physical therapy also includes treatment, consultative, educational, and advisory services for the purpose of reducing the incidence and severity of disability and pain to enable, train, or retrain an individual to perform the independent skills and activities of the victim's daily living which the victim experienced immediately before the criminally injurious conduct.
- (7) Psychiatric care or counseling--Psychiatric care or counseling performed by psychiatrists (M.D. or D.O.), psychologists (Ph.D.), clinical nurse specialists (CNS in psychiatric care), licensed professional counselors (LPC), licensed marriage and family therapists (LMFT) and licensed masters in social work-advanced clinical practitioners (LMSW-ACP).
- (8) Reports--The term as used in the Act, Article 56.46, includes both written and oral reports.
- (9) Resident--The term as used in the Act, Article 56.32, includes a person who is in Texas with the intent to establish a permanent presence within the state. A person who is in Texas in pursuit of temporary business, recreational activities or whose presence in Texas is of a transient nature is not a "resident of this state" for purposes of the Act. A person resides in Texas if they occupy a dwelling and maintain an ongoing physical presence within Texas.
- (10) State--A state of the United States of America, the District of Columbia, the Commonwealth of Puerto Rico, or any possession or territory of the United States.
- (11) Total and Permanent Disability--The term as used in the Act, Article 56.42(b), means that the victim is disabled from performing the usual tasks of a worker to such an extent that the victim cannot maintain employment.
Source Note:The provisions of this §61.2 adopted to be effective October 12, 1992, 17 TexReg 6597; amended to be effective September 1, 1994, 19 TexReg 6913; amended to be effective March 1, 1996, 21 TexReg 1379; amended to be effective February 1, 1998, 23 TexReg 347.