Texas Administrative Code
Title 1 - ADMINISTRATION
Part 3 - OFFICE OF THE ATTORNEY GENERAL
Chapter 61 - CRIME VICTIMS' COMPENSATION
Subchapter E - PECUNIARY LOSS
Section 61.413 - Unjust Enrichment
Universal Citation: 1 TX Admin Code ยง 61.413
Current through Reg. 49, No. 38; September 20, 2024
(a) As provided by Texas Code of Criminal Procedure Article 56.41(c), the OAG may deny an award to prevent the unjust enrichment of an offender or an accomplice of the offender.
(b) When determining whether an application or award for compensation may be denied based on unjust enrichment, pursuant to Texas Code of Criminal Procedure Article 56.41(b)(5), the following factors will be considered:
(1)
whether, and to what extent the offender or the accomplice of an offender has
access to any cash compensation payments paid to, or on behalf of, the victim
or claimant by the OAG;
(2) whether
the award is essential to the health or safety of the victim or claimant;
and
(3) whether the compensation
will directly benefit the offender or an accomplice of the offender in more
than a minimal or inconsequential manner.
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