1. (a) Tex. Code Crim. Proc. Art. 56.32(a)(3)(D) defines a collateral source as a benefit available from another state's or another country's crime victims' compensation program. If a Texas resident suffers personal injury or death as a result of criminally injurious conduct that occurs in another state or country that has a crime victims' compensation program, the victim or claimant must first apply for compensation benefits from that state or country. The other state or country must make a compensation eligibility determination prior to the OAG reviewing an application for compensation. If a compensation claim is approved by the other state or country, the victim or claimant must exhaust that collateral source before the OAG makes a compensation award determination.
2. (b) Tex. Code Crim. Proc. Art. 56.32(a)(3)(B) defines a collateral source as a benefit available from a federal agency. If a Texas resident applies for compensation for personal injury or death as a result of international terrorism, the victim or claimant must first apply with the federal International Terrorism Victim Expenses Reimbursement Program (ITVERP). ITVERP must make a compensation eligibility determination prior to the OAG reviewing an application for compensation. If a compensation claim is approved by ITVERP, the victim or claimant must exhaust that collateral source before the OAG makes a compensation award determination.

Source Note:The provisions of this §61.414 adopted to be effective November 14, 2007, 32 TexReg 8117.