1. (a) Pursuant to Tex. Code Crim. Proc. Art. 56.32(a)(9)(E), the OAG may make payments for loss of support for a dependent(s) of a victim. Under this provision, loss of support will be paid to the victim or to a claimant if the victim is deceased.
2. (b) To determine the actual loss of support for the dependent (s), the OAG may consider the victim's income and the offender's income if the income source was available for the dependent(s) on the date of the criminally injurious conduct and was lost as a result of that criminally injurious conduct. The amount of any award for loss of support shall be reduced by any payments from collateral sources and any loss of earnings paid under §61.402. Loss of support payments may not exceed the actual pecuniary loss or any other limits set by this section.
3. (c) Consistent with Tex. Code Crim. Proc. Art. 56.41(b)(5), the OAG shall not make loss of support payments for a dependent of a victim if the offender or an accomplice of the offender would benefit from such payment.

4. (d) The OAG will review the supporting documentation provided by the victim or claimant to determine eligibility and amount of an award of loss of support payments. The OAG will determine if the documentation is sufficient to support an award under this section. The victim or claimant must provide all documentation deemed necessary by the OAG as proof of the following:

   1. (1) the dependent is the victim's dependent, as defined in Tex. Code Crim. Proc. Art. 56.32(a)(5);
   2. (2) the amount of net income or other verifiable support available for the dependent;
   3. (3) if applicable, verification that the victim is deceased or verification of the medical disability of the victim consistent with the provisions of §61.502 of this title; and
   4. (4) any other documentation deemed necessary by the OAG.
5. (e) Payments made under this section are subject to ongoing review by the OAG to determine continued eligibility. If the victim has a medical disability as a result of the criminally injurious conduct and therefore is unable to work, then the victim or claimant must comply with, and is subject to, all provisions of §61.502 Medical Reports, of this title. If the victim fails to comply with the provisions of §61.502, then the OAG, within its discretion, may close the case and may cease making any further payments.

6. (f) Loss of support payments for the dependent(s) of a deceased victim may be paid on an ongoing basis at 100% of the pecuniary loss, subject to the award cap determined by the date of the criminally injurious conduct, up to the maximum amount of the claim or until the dependent(s) no longer qualifies for this benefit by age, marital status, or emancipation, subject to the following provisions:

   1. (1) If there are multiple dependents of a deceased victim, the OAG will pay the loss of support payments in equal amounts for each eligible dependent claimant not to exceed the aggregate limits set in §61.403(f)(2).

   2. (2) The amount of the loss of support payment awarded for dependent(s) of a deceased victim is determined by the date of the criminally injurious conduct and is limited pursuant to Tex. Code Crim. Proc. Art. 56.42(c) as follows:

      1. (A) On or after January 1, 1980, to on or before August 31, 1989, the maximum amount of an award for loss of support is $150.00 per week.
      2. (B) On or after September 1, 1989, to on or before August 31, 1995, the maximum amount of an award for loss of support is $200.00 per week.
      3. (C) On or after September 1, 1995, to on or before January 31, 1998, the maximum amount of an award for loss of support is $400.00 per week.
      4. (D) On or after February 1, 1998, the maximum amount of an award for loss of support is $500.00 per week.

7. (g) Loss of support payments made for the dependent(s) of a surviving victim may be paid to the victim to allow an opportunity to make arrangements for alternative financial support for the dependent(s), subject to the following provisions:

   1. (1) To be eligible to receive an award under this section, the criminally injurious conduct causing the injury to the surviving victim must have occurred on or after September 1, 1997.
   2. (2) If there are multiple dependents of a surviving victim, the OAG will pay the loss of support payments in equal amounts for each eligible dependent not to exceed the aggregate limits set in §61.403(g)(3).

   3. (3) The amount of the loss of support payment awarded for dependent(s) of a surviving victim is determined by the date of the criminally injurious conduct and is limited pursuant to Tex. Code Crim. Proc. Art. 56.42(c) as follows:

      1. (A) On or after September 1, 1997, to on or before January 31, 1998, the maximum amount of an award for loss of support is $400.00 per week.
      2. (B) On or after February 1, 1998, the maximum amount of an award for loss of support is $500.00 per week.
   4. (4) An award of loss of support for a dependent(s) of a surviving victim is limited to 90 days following the date of the criminally injurious conduct. If the surviving victim is medically disabled as a result of the criminally injurious conduct, such that the surviving victim is unable to work, loss of support payments for the dependent(s) of the surviving victim will be paid during the medical disability period and will continue for 90 days after the removal of the medical disability. Loss of support payments are subject to the award cap determined by the date of the criminally injurious conduct, and are paid up to the maximum amount of the claim or until the dependent(s) no longer qualifies as a dependent by age, marital status, or emancipation.

Source Note:The provisions of this §61.403 adopted to be effective December 15, 2002, 27 TexReg 11513.