Art. 56B.357. Calculation of Time. [Effective January 1, 2021]

Statutes | Tex. Code Crim. Proc. Art. 56B.357

In calculating a period under Article 56B.351 or 56B.352, if the last day is a legal holiday or Sunday, the last day is not counted, and the time is extended to include the next business day. (Code Crim. Proc., Art. 56.48(e).)

Art. 56B.355. Burden of Proof. [Effective January 1, 2021]

Statutes | Tex. Code Crim. Proc. Art. 56B.355

The burden of proof is on the claimant or victim filing the notice of dissatisfaction. (Code Crim. Proc., Art. 56.48(c) (part).)

Art. 56B.354. Standard of Review. [Effective January 1, 2021]

Statutes | Tex. Code Crim. Proc. Art. 56B.354

The court shall determine the issues by trial de novo. (Code Crim. Proc., Art. 56.48(c) (part).)

Art. 56B.353. Restrictions on Attorney General During Judicial Review. [Effective January 1, 2021]

Statutes | Tex. Code Crim. Proc. Art. 56B.353

While judicial review of a decision by the attorney general is pending, the attorney general: (1) shall suspend payments to the claimant or victim and (2) may not reconsider the award. (Code Crim. Proc., Art. 56.48(b).)

Art. 56B.352. Suit; Venue. [Effective January 1, 2021]

Statutes | Tex. Code Crim. Proc. Art. 56B.352

Not later than the 40th day after the date the claimant or victim gives notice of dissatisfaction under Article 56B.351, the claimant or victim must bring suit in: (1) the district court having jurisdiction in the county in which: (A) the injury or death occurred or (B) the victim resided at the...

Art. 56B.351. Notice of Dissatisfaction. [Effective January 1, 2021]

Statutes | Tex. Code Crim. Proc. Art. 56B.351

Not later than the 40th day after the date the attorney general renders a final decision, a claimant or victim may file with the attorney general a notice of dissatisfaction with the decision. (Code Crim. Proc., Art. 56.48(a) (part).)

Art. 56B.302. Amount of Attorney's Fees. [Effective January 1, 2021]

Statutes | Tex. Code Crim. Proc. Art. 56B.302

(a) Attorneys fees may not exceed 25 percent of the amount of the award the attorney assisted the claimant or victim in obtaining. (b) If there is no dispute of the attorney generals determination of the amount due to the claimant or victim and a hearing is not held, the attorneys fee shall be...

Art. 56B.301. Award of Attorney's Fees. [Effective January 1, 2021]

Statutes | Tex. Code Crim. Proc. Art. 56B.301

(a) As part of an order, the attorney general shall determine and award reasonable attorneys fees commensurate with legal services rendered, to be paid by the state to the attorney representing the claimant or victim. (b) Attorneys fees may be denied on a finding that the claim or appeal is...

Art. 56B.264. Application of Other Law. [Effective January 1, 2021]

Statutes | Tex. Code Crim. Proc. Art. 56B.264

(a) Article 56B.052 does not apply to the filing of an application under this subchapter. (b) Other provisions of this chapter apply to this subchapter to the extent applicable and consistent with this subchapter. (Code Crim. Proc., Art. 56.542(j).)

Art. 56B.263. Limits on Compensation. [Effective January 1, 2021]

Statutes | Tex. Code Crim. Proc. Art. 56B.263

The total aggregate amount of all annual payments made to an individual peace officer under this subchapter may not exceed $200,000. The limits on compensation imposed by Article 56B.106 do not apply to payments made under this subchapter. (Code Crim. Proc., Art. 56.542(k).)