1. (a) The limits on amounts of awards may be different from the amounts listed in this subchapter based on the law in effect at the time of the criminally injurious conduct.

2. (b) Under Tex. Code Crim. Proc. Art. 56.32(a)(9)(c), the cost of care for a victim, a dependent of a victim or a minor child of a victim may be awarded if the criminally injurious conduct occurred on or after September 1, 1997, and the care is a new expense resulting from the crime. This benefit is subject to the following provisions:

   1. (1) The victim or claimant must submit a written request for the care and an explanation of how the crime created the new care expense. Care must be provided by a certified, registered, or licensed care provider.
   2. (2) The OAG will provide reimbursement for the care at a maximum rate of $100 per week for the victim, each dependent, and minor child or the actual cost of care, whichever is less. A minor child for purposes of this benefit may be limited to children 14 years of age or younger. The age requirement may be removed by the OAG upon review of extenuating circumstances.
   3. (3) The OAG may limit care for the surviving victim, and the children and dependent(s) of the victim to a maximum of 90 consecutive days. Under extenuating circumstances, care may be extended upon review by the OAG.
   4. (4) Care for the children and dependent(s) of a deceased victim may be paid on an ongoing basis up to a maximum of $100 per week based on the pecuniary loss. This benefit is 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 claimant or dependent(s) no longer qualifies for this benefit by age, marital status, or emancipation.
3. (c) Funeral and burial expenses provided by Tex. Code Crim. Proc. Art. 56.32(a)(9)(D) are limited to $4,500. The reasonable costs of transporting the deceased victim 50 miles or more to the funeral service location, and 50 miles or more to the place of burial, are allowable funeral and burial expenses which may be excluded from the $4,500 limit.
4. (d) Under Tex. Code Crim. Proc. Art. 56.32(a)(9)(F), the cost of cleaning the crime scene may be awarded if the criminally injurious conduct occurred on or after September 1, 1995. This benefit is limited to $750 per victim.
5. (e) Under Tex. Code Crim. Proc. Art. 56.32(a)(9)(G), if the criminally injurious conduct occurred on or after September 1, 1995, the OAG may pay for the reasonable replacement costs, not to exceed $750 in the aggregate, for property seized as evidence, rendered unusable as a result of the criminal investigation, or that is not returned to the victim or claimant by law enforcement within a reasonable period of time.

Source Note:The provisions of this §61.405 adopted to be effective December 15, 2002, 27 TexReg 11513; amended to be effective May 8, 2005, 30 TexReg 2491; amended to be effective November 14, 2007, 32 TexReg 8117.