1. (a) Pursuant to Tex. Code of Crim. Proc. Art. 56.32(a)(9)(B), Art. 56.32(a)(9)(D), and Art. 56.32(a)(9)(I), the OAG may reimburse a victim or claimant for reasonable and necessary travel expenses resulting from the crime. Reasonable and necessary travel expenses include transportation provided by a commercial transportation company, or for mileage for the use of the victim's or claimant's personally owned motor vehicle, including reimbursement to a claimant transporting a victim who is physically or legally unable to operate a motor vehicle. The OAG will reimburse only transportation expenses from the victim's residence, and the travel must exceed 20 miles one-way.
2. (b) Meals and lodging expenses are considered reasonable and necessary travel expenses under Tex. Code of Crim. Proc. Art. 56.32(a)(9)(B)(i), (ii), Art. 56.32(a)(9)(D), and Art. 56.32(a)(9)(I). The OAG may reimburse a victim or claimant for meals and lodging when the travel, one-way from the victim's residence, exceeds 60 miles. Only lodging provided by a commercial lodging establishment shall be reimbursed. The term "commercial lodging establishment" means a hotel, motel, inn, apartment, or similar entity that offers lodging to the public in exchange for compensation.
3. (c) Reimbursement to a victim or claimant for transportation, meals and lodging may not be paid at a rate that exceeds the maximum rates provided by law to Texas state employees. If no state maximum rate for an expense exists by law, the OAG may reimburse the victim or claimant at a rate determined to be fair, reasonable and necessary.

4. (d) A victim or claimant seeking reimbursement shall submit a verified statement on a form prescribed by the OAG setting forth the transportation, meals, lodging and lost work hours necessitated by travel under this section. The form shall reflect the number of hours or days of travel and attendance that made the victim or claimant absent from work, if any, and the mileage using the shortest route between the victim's home and the travel destination if a personal vehicle is used. The victim or claimant shall submit all receipts of transportation and lodging with the claim form. The form shall contain one of the signatures of the appropriate official in the following manner:

   1. (1) for medically indicated services, the signature of the attending physician or licensed counselor;
   2. (2) for attendance at or participation in the investigation of the criminally injurious conduct leading to the claim, the signature of the law enforcement officer requesting the victim's or claimant's presence;
   3. (3) for attendance at or participation in the prosecution or judicial proceedings of the criminal case forming the basis of the claim, the signature of the district or county attorney, his or her assistant, or the victim/witness coordinator;
   4. (4) for attendance at or participation in post conviction or post adjudication proceedings, the signature of the presiding official;
   5. (5) for loss of earnings, the signature of the victim's or claimant's employer to verify how much time was lost from work and the rate of pay;
   6. (6) for attendance at the funeral or memorial service of a victim, the signature of the person officiating the service or a representative of the funeral home;
   7. (7) for attendance at an execution, the signature of a representative from the office of the district attorney, a representative from the law enforcement agency or the Texas Department of Criminal Justice.
5. (e) A non-resident victim or claimant who is a witness may not be reimbursed for travel expenses, pursuant to Tex. Code Crim. Proc. Art. 56.32(a)(9)(B)(iii), for attendance at or participation in the prosecution, judicial, post conviction or post adjudication proceedings to the extent the non-resident victim or claimant witness is eligible for reimbursement pursuant to Tex. Code of Crim. Proc. Articles 56.32 and 35.27.
6. (f) Compensation for reasonable and necessary travel expenses incurred by a claimant on or after June 21, 2003, is available for the purpose of witnessing an execution, as provided by Tex. Code of Crim. Proc. Art. 56.32(a)(9)(I).
7. (g) Compensation for reasonable and necessary travel expenses incurred by an immediate family member or household member of a deceased victim to attend the funeral or memorial service of the victim, as provided by Tex. Code of Crim. Proc. Art. 56.32(a)(9)(D), is available for one funeral or memorial service per immediate family member or household member, for criminally injurious conduct occurring on or after September 1, 2003.

Source Note:The provisions of this §61.404 adopted to be effective December 15, 2002, 27 TexReg 11513; amended to be effective February 17, 2004, 29 TexReg 1329.