HBA-KMH C.S.H.B. 3255 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 3255
By: Gallego
Criminal Jurisprudence
4/26/1999
Committee Report (Substituted)


BACKGROUND AND PURPOSE 

Currently, the Crime Victims' Compensation Act does not permit victims of
domestic violence to file claims seeking compensation from the compensation
to victims of crime fund for reimbursement of relocation and housing rental
expenses.  Frequently, such victims have no recourse when they attempt to
relocate in order to escape further violence.  C.S.H.B. 3255 permits a
victim of domestic violence to file a claim on the compensation to victims
of crime fund to seek compensation for costs incurred for relocation and
housing rental expenses. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 56.32(9), Code of Criminal Procedure, to expand
the definition of "pecuniary loss" to include reasonable and necessary
costs, as provided by Article 56.42(d) (Limits on Compensation), Code of
Criminal Procedure, incurred by victims of domestic violence for relocation
and housing rental assistance payments. 

SECTION 2.  Amends Section 56.42, Code of Criminal Procedure, by adding
Subsection (d), as follows: 

(d) Authorizes a claimant who is a victim of domestic violence to receive a
one-time only assistance payment in an amount not to exceed $2,000 to be
used for relocation expenses, including expenses for rental deposit,
utility connections, expenses relating to the moving of belongings, motor
vehicle milage expenses, and for out-of-state moves, transportation fare,
lodging, and meals and a one-time only assistance payment in an amount not
to exceed $1,800 to be used for housing rental expenses. 

SECTION 3.Emergency clause.
  Effective date: upon passage.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 3255 modifies the original in the caption by providing that the
bill relates to the compensation, rather than relocation and housing rental
costs incurred, of victims of domestic violence from the compensation of
crime victims fund. 

C.S.H.B. 3255 modifies the original in SECTION 2 (proposed Section
56.42(d), Code of Criminal Procedure) to conform to Legislative Council
format and to clarify the usages of the compensation authorized by this
Act.  The substitute also removes the conditions of eligibility for
payments under this subsection. 

C.S.H.B. 3255 modifies the original by removing SECTION 2 and SECTION 3
(effective date) and redesignating SECTION 4 (emergency clause) as SECTION
3 (long emergency clause).