Tex. Code of Crim. Proc. Article 56B.003
Definitions


In this chapter:

(1)

“Child” means an individual younger than 18 years of age who:

(A)

is not married; or

(B)

has not had the disabilities of minority removed for general purposes under Chapter 31 (Removal of Disabilities of Minority), Family Code.

(2)

“Claimant” means any of the following individuals, other than a service provider, who is entitled to file or has filed a claim for compensation under this chapter:

(A)

an authorized individual acting on behalf of a victim;

(B)

an individual who legally assumes the obligation or who voluntarily pays medical or burial expenses of a victim incurred as a result of the criminally injurious conduct of another;

(C)

a dependent of a victim who died as a result of the criminally injurious conduct;

(D)

a family member or household member of a victim who, as a result of the criminally injurious conduct:
(i)
requires psychiatric care or counseling;
(ii)
incurs expenses for traveling to and attending a deceased victim’s funeral; or
(iii)
suffers wage loss from bereavement leave taken in connection with the death of the victim; or

(E)

an authorized individual acting on behalf of a child described by Paragraph (C) or (D).

(3)

“Collateral source” means any of the following sources of benefits or advantages for pecuniary loss that a claimant or victim has received or that is readily available to the claimant or victim from:

(A)

the offender under an order of restitution to the claimant or victim that is imposed by a court as a condition of community supervision;

(B)

the United States, a federal agency, a state or any of its political subdivisions, or an instrumentality of two or more states, unless the law providing for the benefits or advantages makes those benefits or advantages in addition to or secondary to benefits under this chapter;

(C)

social security, Medicare, or Medicaid;

(D)

another state’s or another country’s crime victims’ compensation program;

(E)

workers’ compensation;

(F)

an employer’s wage continuation program, not including vacation and sick leave benefits;

(G)

proceeds of an insurance contract payable to or on behalf of the claimant or victim for loss that the claimant or victim sustained because of the criminally injurious conduct;

(H)

a contract or self-funded program providing hospital and other health care services or benefits; or

(I)

proceeds awarded to the claimant or victim as a result of third-party litigation.

(4)

“Criminally injurious conduct” means conduct that:

(A)

occurs or is attempted;

(B)

poses a substantial threat of personal injury or death;

(C)

is punishable by fine, imprisonment, or death, or would be punishable by fine, imprisonment, or death if the person engaging in the conduct possessed the capacity to commit the conduct; and

(D)

does not arise out of the ownership, maintenance, or use of a motor vehicle, aircraft, or water vehicle, unless the conduct is:
(i)
intended to cause personal injury or death;
(ii)
in violation of Section 545.157 (Passing Certain Vehicles) or 545.401 (Reckless Driving; Offense), Transportation Code, if the conduct results in bodily injury or death;
(iii)
in violation of Section 550.021 (Collision Involving Personal Injury or Death), Transportation Code; or
(iv)
in violation of one or more of the following sections of the Penal Code:
(a)
Section 19.04 (Manslaughter) (manslaughter);
(b)
Section 19.05 (Criminally Negligent Homicide) (criminally negligent homicide);
(c)
Section 22.02 (Aggravated Assault) (aggravated assault);
(d)
Section 22.05 (Deadly Conduct) (deadly conduct);
(e)
Section 49.04 (Driving While Intoxicated) (driving while intoxicated);
(f)
Section 49.05 (Flying While Intoxicated) (flying while intoxicated);
(g)
Section 49.06 (Boating While Intoxicated) (boating while intoxicated);
(h)
Section 49.07 (Intoxication Assault) (intoxication assault); or
(i)
Section 49.08 (Intoxication Manslaughter) (intoxication manslaughter).

(5)

“Dependent” means:

(A)

a surviving spouse;

(B)

a person who is a dependent, within the meaning of the Internal Revenue Code of 1986, of a victim; and

(C)

a posthumous child of a deceased victim.

(5-a)

“Family member” means an individual who is related to a victim by consanguinity or affinity.

(6)

“Family violence” has the meaning assigned by Section 71.004 (Family Violence), Family Code.

(7)

“Household member” means an individual who resided in the same permanent household as the victim at the time that the criminally injurious conduct occurred.

(9)

“Intervenor” means an individual who goes to the aid of another and is killed or injured in a good faith effort to:

(A)

prevent criminally injurious conduct;

(B)

apprehend a person reasonably suspected of having engaged in criminally injurious conduct; or

(C)

aid a peace officer.

(10)

“Pecuniary loss” means the amount of the expense reasonably and necessarily incurred as a result of personal injury or death for:

(A)

medical, hospital, nursing, or psychiatric care or counseling, or physical therapy;

(B)

actual loss of past earnings and anticipated loss of future earnings and necessary travel expenses because of:
(i)
a disability resulting from the personal injury;
(ii)
the receipt of medically indicated services related to the disability; or
(iii)
participation in or attendance at investigative, prosecutorial, or judicial processes or any postconviction or postadjudication proceeding relating to criminally injurious conduct;

(C)

care of a child or dependent, including specialized care for a child who is a victim;

(D)

funeral and burial expenses, including, for a family member or household member of the victim, the necessary expenses of traveling to and attending the funeral;

(E)

loss of support to a dependent, consistent with Article 56B.057 (Approval of Application)(b)(5);

(F)

reasonable and necessary costs of cleaning the crime scene;

(G)

reasonable replacement costs for clothing, bedding, or property of the victim seized as evidence or rendered unusable as a result of the criminal investigation;

(H)

reasonable and necessary costs for relocation and housing rental assistance payments as provided by Articles 56B.106 (Limits on Compensation)(c) and (c-1);

(I)

for a family member or household member of a deceased victim, bereavement leave; and

(J)

reasonable and necessary costs of traveling to and from a place of execution to witness the execution, including lodging near the place where the execution is conducted.

(11)

“Personal injury” means physical or mental harm.

(12)

“Sexual assault” means an offense under Section 21.02 (Continuous Sexual Abuse of Young Child or Disabled Individual), 21.11 (Indecency with a Child)(a)(1), 22.011 (Sexual Assault), or 22.021 (Aggravated Sexual Assault), Penal Code.

(13)

“Trafficking of persons” means any offense that results in a person engaging in forced labor or services, including sexual conduct, and that may be prosecuted under Section 20A.02 (Trafficking of Persons), 20A.03 (Continuous Trafficking of Persons), 43.03 (Promotion of Prostitution), 43.031 (Online Promotion of Prostitution), 43.04 (Aggravated Promotion of Prostitution), 43.041 (Aggravated Online Promotion of Prostitution), 43.05 (Compelling Prostitution), 43.25 (Sexual Performance by a Child), 43.251 (Employment Harmful to Children), or 43.26 (Possession or Promotion of Child Pornography), Penal Code.

(14)

“Victim” means:

(A)

an individual who:
(i)
suffers personal injury or death as a result of criminally injurious conduct or as a result of actions taken by the individual as an intervenor, if the conduct or actions occurred in this state; and
(ii)
is a resident of this state or another state of the United States;

(B)

an individual who:
(i)
suffers personal injury or death as a result of criminally injurious conduct or as a result of actions taken by the individual as an intervenor, if the conduct or actions occurred in a state or country that does not have a crime victims’ compensation program that meets the requirements of Section 1403(b), Victims of Crime Act of 1984 (34 U.S.C. Section 20102(b));
(ii)
is a resident of this state; and
(iii)
would be entitled to compensation under this chapter if the criminally injurious conduct or actions had occurred in this state; or

(C)

an individual who:
(i)
suffers personal injury or death as a result of criminally injurious conduct caused by an act of international terrorism as defined by 18 U.S.C. Section 2331 committed outside of the United States; and
(ii)
is a resident of this state.

(15)

“Victim-related services or assistance” means compensation, services, or assistance provided directly to a victim or claimant to support or assist in the recovery of the victim or claimant from the consequences of criminally injurious conduct.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.06, eff. January 1, 2021.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 4.014(a), eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 49 (S.B. 49), Sec. 1, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 49 (S.B. 49), Sec. 2, eff. September 1, 2023.

Source: Article 56B.003 — Definitions, https://statutes.­capitol.­texas.­gov/Docs/CR/htm/CR.­56B.­htm#56B.­003 (accessed Mar. 23, 2024).

56B.001
Short Title
56B.002
Legislative Findings and Intent
56B.003
Definitions
56B.004
Administration
56B.005
Annual Report
56B.006
Public Notice
56B.007
Notice by Local Law Enforcement Agency
56B.0035
Criminally Injurious Conduct
56B.051
Application for Compensation
56B.052
Period for Filing Application
56B.053
Reporting of Offense Required
56B.054
Review and Investigation of Application
56B.055
Mental or Physical Examination
56B.056
Hearings and Prehearing Conferences
56B.057
Approval of Application
56B.058
Disclosure and Use of Information
56B.101
Types of Assistance
56B.102
Emergency Award
56B.103
Compensation for Pecuniary Loss
56B.104
Compensation for Health Care Services
56B.105
Compensation for Certain Criminally Injurious Conduct Prohibited
56B.106
Limits on Compensation
56B.107
Denial or Reduction of Award
56B.108
Reconsideration
56B.109
Compensation for Certain Survivors of Members of Texas Military Forces
56B.151
Method of Payment
56B.152
Payment for Pecuniary Loss Accrued at Time of Award
56B.153
Payment for Pecuniary Loss Accrued After Time of Award
56B.154
Recipient of Payment
56B.201
Adjustment of Awards and Payments
56B.202
Subrogation
56B.203
Award Not Subject to Execution
56B.204
Assignment of Benefits for Loss Accruing in Future
56B.251
Definition
56B.252
Applicability
56B.253
Payment Entitlement
56B.254
Amount of Payment
56B.255
Method of Payment
56B.256
Cost-of-living Adjustment
56B.257
Calculation of Initial Payment
56B.258
Proof Required for Payment
56B.259
Hearing
56B.260
Judicial Review
56B.261
Periodic Review
56B.262
Issuance of Warrant for Payment
56B.263
Limits on Compensation
56B.264
Application of Other Law
56B.301
Award of Attorney’s Fees
56B.302
Amount of Attorney’s Fees
56B.351
Notice of Dissatisfaction
56B.352
Suit
56B.353
Restrictions on Attorney General During Judicial Review
56B.354
Standard of Review
56B.355
Burden of Proof
56B.356
Attorney’s Fees
56B.357
Calculation of Time
56B.401
Notice of Proposed Private Action
56B.402
Receipt of Notice
56B.403
Deduction for Reasonable Expenses
56B.404
Limitations on Resolution of Action
56B.405
Criminal Penalty
56B.451
Definition
56B.452
Establishment
56B.453
Use of Money
56B.454
Limitations on Payments
56B.455
Amount Carried Forward
56B.456
Transfer of Money from Auxiliary Fund
56B.457
Gifts, Grants, and Donations
56B.458
Emergency Reserve
56B.459
Appropriation for Associate Judge Program
56B.460
Appropriation for Other Crime Victim Assistance
56B.461
Use of Auxiliary Fund
56B.462
Payers of Last Resort
56B.501
Conduct Subject to Penalty
56B.502
Report and Notice of Violation and Penalty
56B.503
Penalty to Be Paid or Hearing Requested
56B.504
Hearing
56B.505
Decision by Attorney General
56B.506
Options Following Decision: Pay or Appeal
56B.507
Collection of Penalty
56B.508
Decision by Court
56B.509
Remittance of Penalty and Interest
56B.510
Release of Bond
56B.511
Disposition of Penalty
56B.512
Recovery of Expenses
56B.513
Administrative Procedure
56B.551
Letter of Reprimand
56B.552
Civil Penalty

Accessed:
Mar. 23, 2024

Art. 56B.003’s source at texas​.gov