- (a) If the victim or claimant fails to use, or apply for, a collateral source that is readily available to the victim or claimant for all or a portion of a pecuniary loss, the OAG may deny or reduce an award to the extent of the unused collateral source. Purely donative contributions to the victim or claimant are not considered a collateral source.
(b) A collateral source is a benefit or advantage as defined in the Tex. Code Crim. Proc. Art. 56.32(a)(3) for pecuniary loss related to the crime, and includes the following:
- (1) A settlement or other recovery from the offender or any third party.
- (2) Wages and other income received during a time period within which a victim or claimant receives or seeks lost earnings benefits.
Source Note:The provisions of this §61.406 adopted to be effective December 15, 2002, 27 TexReg 11513; amended to be effective November 14, 2007, 32 TexReg 8117.