Texas Code of Criminal Procedure - Article 56.52. Notice Of Private Action
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Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 56.52. Notice Of Private Action
Art. 56.52. NOTICE OF PRIVATE ACTION. (a) Before a claimant
or victim may bring an action to recover damages related to
criminally injurious conduct for which compensation under this
subchapter is claimed or awarded, the claimant or victim must give
the attorney general written notice of the proposed action. After
receiving the notice, the attorney general shall promptly:
(1) join in the action as a party plaintiff to recover
benefits awarded;
(2) require the claimant or victim to bring the action in
the claimant's or victim's name as a trustee on behalf of the state
to recover benefits awarded; or
(3) reserve the attorney general's rights and do neither in
the proposed action.
(b) If the claimant or victim brings the action as trustee
and recovers compensation awarded by the attorney general, the
claimant or victim may deduct from the benefits recovered on behalf
of the state the reasonable expenses of the suit, including
attorney fees, expended in pursuing the recovery for the state. The
claimant or victim must justify this deduction in writing to the
attorney general on a form provided by the attorney general.
(c) A claimant or victim shall not settle or resolve any
such action without written authorization to do so from the
attorney general. No third party or agents, insurers, or attorneys
for third parties shall participate in the settlement or resolution
of such an action if they actually know, or should know, that the
claimant or victim has received moneys from the fund and is subject
to the subrogation provisions of this article. Any attempt by such
third party, or agents, insurers, or attorneys of third parties to
settle an action is void and shall result in no release from
liability to the fund for any rights subrogated pursuant to this
article. All such agents, insurers, and attorneys are personally
liable to the fund for any moneys paid to a claimant or victim in
violation of this subsection, up to the full amount of the fund's
right to reimbursement. A claimant, victim, third party, or any
agents, attorneys, or insurers of third parties who knowingly or
intentionally fail to comply with the requirements of this chapter
commits a Class B misdemeanor.
(d) A person adjudged guilty of a Class B misdemeanor shall
be punished by:
(1) a fine not to exceed $500;
(2) confinement in jail for a term not to exceed 180 days;
or
(3) both such fine and imprisonment.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 6, eff. Sept. 1, 1993.
Amended by Acts 1993, 73rd Leg., ch. 805, Sec. 11, eff. Aug. 30,
1993; Acts 1995, 74th Leg., ch. 76, Sec. 5.84(a), eff. Sept. 1,
1995; Acts 1995, 74th Leg., ch. 779, Sec. 1, eff. Sept. 1, 1995.
Article: 56.45 56.46 56.47 56.48 56.49 56.50 56.51 56.52 56.53 56.54 56.541 56.542 56.58 56.60 56.61
Last modified: August 10, 2007
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