1. (a) Pursuant to Tex. Code 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 may reimburse transportation expenses only from the victim's residence, unless the applicant demonstrates that extenuating circumstances exist for another starting destination. The travel distance must exceed 20 miles one-way.
2. (b) Meals and lodging expenses are considered reasonable and necessary travel expenses under Tex. Code Crim. Proc. Art. 56.32(a)(9)(B)(i), (ii), and (iii), 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 distance, 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 earnings 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 residence 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. An employment verification form is required to verify time lost from work. The forms shall contain all of the signatures of the appropriate officials 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, the victim's or claimant's employer, or any other person deemed appropriate by the OAG to verify how much time was missed 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, or any other person deemed appropriate by the OAG; or
   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 Crim. Proc. Articles 56.32 and 35.27.
6. (f) Reimbursement 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 Crim. Proc. Art. 56.32(a)(9)(I).
7. (g) Reimbursement 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 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.
8. (h) To ensure reimbursements for lost earnings are paid at a reasonable amount, the OAG may limit reimbursement for earnings lost due to individual medical, investigative, or court appointments to four hours, unless evidence presented by the victim or claimant or an investigation by the OAG indicates that the appointment exceeded four hours.
9. (i) Travel expenses for counseling appointments will not be paid once counseling limits have been reached. The OAG may limit reimbursements for travel expenses to 30 sessions when counseling is provided by another agency.

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; amended to be effective May 8, 2005, 30 TexReg 2491.