Crime Victim Compensation in Texas: Eligibility, Payouts, and Appeals

Crime victim compensation in Texas is a state program that reimburses out-of-pocket costs from a violent crime, run by the Office of the Attorney General under Chapter 56B of the Code of Criminal Procedure. The standard cap is $50,000 per claim, with up to $75,000 more available if the injury is catastrophic. It pays last, after health insurance, Medicaid, workers’ compensation, restitution, and civil settlements. Applying is free, and you have three years from the date of the crime to file.

Who Qualifies

You qualify if you were injured by a violent crime in Texas and are a U.S. resident, or if you are a Texas resident who was victimized in a country that has no crime victim compensation program of its own.1Office of the Attorney General. Crime Victims’ Compensation Eligibility: Find Out If You Qualify You don’t have to be the person who was directly harmed. Family members and dependents who incur expenses because of the crime can file as claimants.2Texas District & County Attorneys Association. Texas Code of Criminal Procedure Chapter 56B – Crime Victims’ Compensation

Two conditions matter as much as residency. First, the crime must be reported to law enforcement; the application asks for the agency name and offense report number, and you can file without the number but the review will slow while the state tracks the report down.3Office of the Attorney General. Apply for Crime Victims’ Compensation Second, you have to cooperate with police and prosecutors. Refusing can result in a denial, or in previously approved funds being pulled back.

Your own conduct can also cut into an award. The attorney general can deny or reduce compensation if your behavior contributed to the crime, or if you were engaged in illegal activity when you were injured, and the reduction can be proportional rather than all-or-nothing. Trafficking victims have an important carve-out: if the disqualifying activity resulted from force, fraud, or coercion by a trafficker, the illegal-activity bar does not apply.4State of Texas. Texas Code of Criminal Procedure Article 56B.107 – Denial or Reduction of Award

The Three-Year Deadline

Applications must be filed within three years of the date of the crime. Child victims get an extended deadline. Waiting for the criminal case to resolve is a mistake; you can and should apply while it’s still open.

What the Program Pays For

Coverage is broad, and each category has its own documentation rules and sub-cap.5Office of the Attorney General. CVC Covered Costs Eligible expenses include:

  • Medical and dental bills tied to the crime, including hospital care, prescriptions, physical therapy, and dental work.
  • Mental health counseling for victims and, in some cases, affected family members.
  • Lost wages, capped at $700 per week, whether the loss comes from injury, medical appointments, or court proceedings.6Office of the Attorney General. Lost Wages for Victims
  • Funeral and burial costs, available to immediate family members and household members of a deceased victim.
  • Rent and relocation, up to $5,000 for crimes occurring after August 31, 2023, covering moving costs, emergency lodging for up to 14 days, deposits, storage, and rent when a home is no longer safe.7Office of the Attorney General. Rent and Relocation Reimbursement
  • Crime scene cleanup, up to $2,250 for biohazard removal at a home or vehicle, for crimes occurring after July 14, 2016.8Office of the Attorney General. Crime Scene Clean-Up Reimbursement for Licensed Providers
  • Child and dependent care while you recover or attend proceedings.
  • Loss of support for dependents of victims who were killed or permanently disabled.
  • Travel to medical appointments, court, and funerals.
  • Attorney fees related to the CVC application itself.
  • Reimbursement for property held by law enforcement during an investigation.

The program pays providers directly when it can. If you already paid a bill out of pocket, you can be reimbursed once you submit documentation.

How Much You Can Get, and Why It’s Often Less

The single-claim ceiling is $50,000 across all categories combined. Catastrophic injuries such as paralysis or traumatic brain damage can qualify for up to an additional $75,000, for a possible total of $125,000.9Office of the Attorney General. Catastrophic Injury Payments Health care expenses are paid according to the state’s medical fee guidelines, so the amount approved will not always match what the hospital billed.

The bigger reason claims come in smaller than expected is the payer-of-last-resort rule. CVC covers only what isn’t paid by another source. Private health insurance, Medicaid, Medicare, workers’ compensation, restitution from the offender, and civil lawsuit proceeds all count as collateral sources and are applied first.2Texas District & County Attorneys Association. Texas Code of Criminal Procedure Chapter 56B – Crime Victims’ Compensation If insurance already paid $8,000 of a $12,000 hospital bill, CVC looks only at the remaining $4,000. You’ll need bills, benefit letters, and any settlement breakdowns so the state can confirm no expense is being paid twice.10Office of the Attorney General. Collateral Sources: What Victims Need to Know If money comes in from another source after CVC has paid, you’re required to report it.

How to Apply

The fastest option is the online CVC Portal, which lets you file, upload documents, and check status.3Office of the Attorney General. Apply for Crime Victims’ Compensation To use paper, download the application from the Attorney General’s website or call (800) 983-9933 to request one by mail. Completed paper applications go to the Office of the Attorney General, Crime Victims’ Compensation Program (011), P.O. Box 12198, Austin, Texas 78711-2198.11Office of the Attorney General of Texas. Texas Crime Victims’ Compensation Program Application Each crime needs its own application; two incidents on different dates with different police reports means two separate filings.

Documents to Have Ready

Assemble these before you sit down with the form:

  • The responding law enforcement agency’s name and the offense report number.
  • Social Security numbers and contact information for the victim and, if different, the claimant.
  • Medical records and bills, pharmacy receipts, and explanation-of-benefits statements from your insurer.
  • Employment verification and medical documentation if you’re claiming lost wages, plus a Lost Wage Affirmation form for ongoing disability or a Travel/Appointment form for time missed for medical visits or court.6Office of the Attorney General. Lost Wages for Victims
  • A copy of your health insurance card, and your auto insurance declaration page if a vehicle was involved.11Office of the Attorney General of Texas. Texas Crime Victims’ Compensation Program Application
  • A copy of any protective order that has been issued, along with the affidavit.

The form asks you to check the expense categories you’re claiming. Match those to the documentation you have; each category is evaluated separately.

After You File

You’ll get an acknowledgment letter confirming your file is in the system. An investigator then verifies the police report, reviews your records, and checks for collateral sources. This takes several months in typical cases. Expect follow-up requests for missing documents. The decision arrives by mail or through the portal, with approved amounts broken out by category, or a denial with the reasons and your appeal options.

Appealing a Denial

Appeals run in three levels.12Office of the Attorney General. Appeals Process

  • Reconsideration review: submit a signed written request within 30 days of the decision, explaining your disagreement and attaching any new evidence.
  • Final ruling hearing: if reconsideration doesn’t resolve it, request a hearing within 30 days of the Level 1 decision. It’s conducted by phone, you testify under oath, and a hearing officer reviews the whole file.
  • Judicial review: file a signed Written Notice of Dissatisfaction within 40 days of the hearing decision, then file suit in district court within 40 days of that notice.

Late Level 1 or Level 2 requests can still go forward if you show good cause in writing. The Level 3 deadlines are firm and cannot be extended.12Office of the Attorney General. Appeals Process

If You Also Recover from a Civil Case

If CVC pays your expenses and you later collect from a lawsuit, insurance settlement, or restitution for the same losses, the state has a right to be paid back. Under Articles 56B.202 and 56B.401–405, the Attorney General is required to pursue that repayment.13Office of the Attorney General of Texas. Subrogation for Attorneys and Legal Professionals An attorney handling a civil case for you must notify CVC before filing or settling, and failure to do so can carry civil and criminal liability. The state deducts reasonable attorney fees and costs from what you owe back, does not seek repayment for non-economic damages like pain and suffering, and exempts certain wrongful death cases and trust funds for minors.

Watch the settlement paperwork closely. If it doesn’t separate economic from non-economic damages, CVC treats the whole amount as economic damages subject to repayment. Ask your attorney to allocate the categories in writing.13Office of the Attorney General of Texas. Subrogation for Attorneys and Legal Professionals

Taxes and SSI

Compensation for personal physical injuries is generally excluded from federal taxable income under 26 U.S.C. § 104(a)(2), so CVC money covering medical bills, funeral costs, or lost wages tied to a physical injury should not raise your tax bill.14Office of the Law Revision Counsel. 26 USC 104 – Compensation for Injuries or Sickness Payments tied purely to emotional distress without a physical injury are treated differently and may be taxable, except to the extent they cover actual medical care for that distress.

For Supplemental Security Income recipients, CVC payments aren’t counted as a resource for nine months after you receive them.15Social Security Administration. Understanding Supplemental Security Income SSI Resources After that window, any unspent funds can affect eligibility. If you’re on SSI, spend or properly allocate the money within nine months.