1. (a) Pursuant to Tex. Code Crim. Proc. Art. 56.42(d), the OAG shall determine eligibility for reimbursement of the reasonable and necessary costs for relocation and housing rental expenses. A request for relocation and housing rental expenses must be submitted within three years of the date of crime.
2. (b) A victim of domestic violence that occurred on or after June 19, 1999, to on or before August 31, 2001, may receive a one time only per offender assistance payment in an amount not to exceed $2,000.00 for relocation expenses, and a one time only per offender assistance payment in an amount not to exceed $1,800.00 for housing rental expenses. For purposes of determining eligibility, the criminal offense or violation is considered to have occurred on the date when the criminally injurious conduct occurred.
3. (c) A victim of family violence that occurred on or after September 1, 2001, may receive a one time only per offender assistance payment in an amount not to exceed $2,000.00 for relocation expenses, and a one time only per offender assistance payment in an amount not to exceed $1,800.00 for housing rental expenses. For purposes of determining eligibility, the criminal offense or violation is considered to have occurred on the date when the criminally injurious conduct occurred.
4. (d) A victim of sexual assault who is sexually assaulted in the victim's place of residence on or after September 1, 2001, may receive a one time only per incident assistance payment in an amount not to exceed $2,000.00 for relocation expenses, and a one time only per incident assistance payment in an amount not to exceed $1,800.00 for housing rental expenses. For the purposes of determining eligibility, the criminal offense or violation is considered to have occurred on the date when the criminally injurious conduct occurred.

5. (e) Before the OAG will make an award pursuant to Tex. Code Crim. Proc. Art. 56.42(d), the OAG will verify that the victim requesting this benefit was the victim of domestic violence or family violence by reviewing:

   1. (1) the victim's or claimant's affidavit seeking a protective order and the court order signed by the issuing judge, pursuant to Tex. Fam. Code Chapters 71, 81, and 82; or the offense report submitted by a law enforcement agency; and
   2. (2) proof of the relationship between the victim and the offender in a manner deemed appropriate by the OAG.
6. (f) Before the OAG will make an award pursuant to Tex. Code Crim. Proc. Art. 56.42(d), the OAG will verify that the victim was sexually assaulted in the victim's residence by reviewing the offense report submitted by a law enforcement agency.
7. (g) To determine the amount of an award for relocation expenses, the victim or claimant must provide the OAG proof of actual costs or an estimate of the relocation expenses on the form provided and approved by the OAG. Relocation expenses may include, but are not limited to the costs of rental deposits, utility connections, moving vans, moving labor, packing, private vehicle mileage, transportation, lodging, and meals. Relocation expenses shall be limited to the victim's proportionate share of costs based on the number of adult tenants listed on the leasing agreement. Expenses for transportation, lodging, and meals will be reimbursed in a manner consistent with §61.404 of this title. Restrictions on reimbursement for travel under 20 miles are not applicable for this award.

8. (h) The victim must provide the OAG with documentation such that the OAG can reconcile the estimated relocation costs with the actual relocation expenditures within 30 days of receipt of relocation benefits.

   1. (1) In the event the estimated relocation costs were less than the actual relocation expenses, the OAG will reimburse the victim for the actual relocation costs. The total amount of a relocation award may not exceed $2,000.00.

   2. (2) In the event the estimated relocation costs were more than the actual relocation expenses, the OAG will:

      1. (A) reduce other benefits to which the victim may be entitled by an amount equal to the overpayment; or
      2. (B) demand payment from the victim to satisfy the overpayment.

9. (i) An award for rental expenses under this provision may be approved for three months of rent, not to exceed $1,800.00. Rent payments shall be limited to the victim's proportionate share of rent based on the number of adult tenants listed on the leasing agreement. Pursuant to Tex. Code Crim. Proc. Art 56.41(b)(5), rent and relocation expenses shall be denied if the offender occupies the new residence with the victim or claimant. To make an award for rental expenses, the victim must provide to the OAG the following information:

   1. (1) a copy of the signed lease or signed contract for a rental agreement for the victim, or a written statement from the landlord showing the location of the rental property, the date of the victim's move-in, the rent amount, the rent due date, and the names of the occupants of the rental property;
   2. (2) the landlord's name, phone number, address, and federal tax identification number or social security number; or the name of the management company to whom the rent is paid and its phone number, address, and federal tax identification number; and
   3. (3) other information deemed necessary by the OAG to assist in locating the victim or claimant.

Source Note:The provisions of this §61.602 adopted to be effective December 15, 2002, 27 TexReg 11513; amended to be effective November 14, 2007, 32 TexReg 8119.