To reduce an award under Tex. Code Crim. Proc. Art. 56.45, the OAG may consider the victim's behavior as a factor in the cause of the personal injury. If the OAG determines that the victim shared a portion of the responsibility for the act or omission that gave rise to the award, the OAG may reduce the award for compensation by 25% or 50%. In determining whether the victim shared a portion of the responsibility, the OAG may consider the victim's ability to have reasonably avoided the incident. When an award for compensation is reduced, the reduction applies to each bill, each individual award amount, and the aggregate award amount.

Source Note:The provisions of this §61.301 adopted to be effective December 15, 2002, 27 TexReg 11513.