(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.

Source Note: The provisions of this §61.413 adopted to be effective December 15, 2002, 27 TexReg 11513; amended to be effective October 30, 2014, 39 TexReg 8373