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 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) 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 per dependent or minor child or the actual cost of child 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 child care benefits for the dependent(s) of a surviving victim to a maximum of 90 days. Under extenuating circumstances, child care benefits may be extended upon review by the OAG.
   4. (4) Child care benefits for the 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 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. Transportation of the deceased victim is an allowable funeral and burial expense which is 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.