Tex. Code of Crim. Proc. Article 56B.109
Compensation for Certain Survivors of Members of Texas Military Forces


(a)

In this article, “state active duty,” “Texas military forces,” and “Texas National Guard” have the meanings assigned by Section 437.001 (Definitions), Government Code.

(b)

The attorney general shall award a lump sum payment in accordance with Subsection (c) to a claimant on behalf of an individual who is a victim of border crime and a member of the Texas military forces if:

(1)

the individual died on or after March 6, 2021, but before September 1, 2023, while on state active duty;

(2)

the individual’s death was in connection with operations initiated to address criminal activity in the border region; and

(3)

the claimant is:

(A)

if the individual is a member of the Texas National Guard, a beneficiary designated by the individual on the individual’s United States Department of Defense Form DD-93; or

(B)

if the individual is not a member of the Texas National Guard or there is no beneficiary described by Paragraph (A):
(i)
the surviving spouse of the individual;
(ii)
a surviving child of the individual, if there is no surviving spouse; or
(iii)
the surviving parent of the individual, if there is no surviving spouse or child.

(c)

For purposes of Subsection (b), the lump sum payment amount payable to an eligible claimant is:

(1)

if there is a claimant described by Subsection (b)(3)(A) or (B)(i), $500,000 paid to the claimant; or

(2)

if there is no claimant described by Subsection (b)(3)(A) or (B)(i), $500,000, in equal shares:

(A)

paid to each claimant described by Subsection (b)(3)(B)(ii); or

(B)

paid to each claimant described by Subsection (b)(3)(B)(iii) if there is no claimant described by Subsection (b)(3)(B)(ii).

(d)

This article may not be construed to limit the assistance or compensation a claimant may otherwise receive under this chapter.

(e)

For purposes of this article, a beneficiary designated by an individual on the individual’s United States Department of Defense Form DD-93 is a “claimant.”
Added by Acts 2023, 88th Leg., R.S., Ch. 660 (H.B. 90), Sec. 2, eff. September 1, 2023.

Source: Article 56B.109 — Compensation for Certain Survivors of Members of Texas Military Forces, https://statutes.­capitol.­texas.­gov/Docs/CR/htm/CR.­56B.­htm#56B.­109 (accessed Apr. 20, 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:
Apr. 20, 2024

Art. 56B.109’s source at texas​.gov