Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 64 - ADDRESS CONFIDENTIALITY PROGRAM › Subchapter A - GENERAL PROVISIONS › Section 64.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
(a) The following
				  words and terms, when used in this chapter, have the following meanings:
(1) "Applicant" is a person who submits an
				  application to the OAG to enroll in the ACP.
(2) "Application" is the document requesting
				  to participate in the ACP, including all information and documents submitted
				  by, or on behalf of, the applicant.
(3) "Certification" means OAG authorization
				  for an applicant to participate in the ACP.
(4) "Certified mail" is any first-class
				  letter-size or flat-size mail for which the mailer pays a surcharge to the
				  United States Postal Service (USPS) to be provided with a receipt, and the USPS
				  records delivery of the mail. Certified mail does not include a package
				  regardless of size or type of mailing.
(5) "Counseling" means victim-related
				  guidance, advice, and support with crisis intervention, obtaining information,
				  legal advocacy, prevention of further harm, or meeting other physical,
				  emotional, or psychological needs.
(6) "Family violence" has the same definition
				  as in Texas Family Code §
											RSA
				  71.004.
(7) "First Class Mail" is designated by the
				  USPS as:
(A) Letter-size mail, as defined in
				  the USPS Domestic Mail Manual, is mail that is not less than 5 inches long or
				  more than 11 1/2 inches long, and not less than 0.007 inches thick or more than
				  1/4 inch thick. Letter-size mail may not weigh more than 3.5 ounces.
(B) Flat-size mail, as defined in the USPS
				  Domestic Mail Manual, is mail not more than 15 inches long, more than 12 inches
				  high or more than 3/4 inches thick. Flat-size mail may not weigh more than 13
				  ounces.
(8) "Household"
				  is a unit composed of persons living together in the same dwelling, without
				  regard to whether they are related to each other, as defined in Texas Family
				  Code §
											RSA 71.005.
(9) "Other entity" means an organization or
				  group, whether for profit or nonprofit, that provides the services of a
				  victim's assistance counselor, counseling, or shelter services to victims of
				  family violence, sexual assault, stalking, or trafficking of persons.
(10) "Package" must have the same meaning as
				  parcel, as defined in the USPS Domestic Mail Manual. Parcel is mail that does
				  not meet the mail processing category of letter-size mail or flat-size
				  mail.
(11) "Participant" is a
				  person who has applied and been enrolled into the ACP, including all members of
				  the applicant's household whose address is the same.
(12) "Sexual offense" includes the terms
				  "sexual assault" as defined in Texas Penal Code §
											RSA 22.011,
				  "aggravated sexual assault" as defined in Texas Penal Code §
											RSA
				  22.021, or "prohibited sexual conduct" as
				  defined in Texas Penal Code §
											RSA
				  25.02.
(13) "Shelter services" are provided
				  directly, by referral, or through formal arrangements with other agencies and
				  include:
(A) 24-hour-a-day shelter;
(B) a crisis hotline available 24 hours a
				  day;
(C) emergency medical
				  care;
(D) intervention services,
				  including safety planning, understanding and support, information, education,
				  referrals, resource assistance, and individual service plans;
(E) emergency transportation;
(F) legal assistance in the civil and
				  criminal justice systems, including identifying individual needs, legal rights,
				  and legal options, as well as providing support and accompaniment in pursuing
				  those options;
(G) information
				  about educational arrangements for children;
(H) information about training for and
				  seeking employment; or
(I) a
				  referral system to existing community services.
(14) "Stalking" has the meaning assigned by
				  Texas Penal Code §
											RSA 42.072.
(15) "State or local agency" includes, but is
				  not limited to, a governmental agency of the State of Texas or a Texas county,
				  city, town, or municipality.
(16)
				  "Texas resident" is a person who has a domicile in, lives for more than a
				  temporary period, or who can show intent to establish a domicile in Texas
				  either at the time of the crime or during the duration of participation in the
				  program. Documentary evidence of the applicant's Texas residency may be
				  established by submitting the following documentation in the name of the
				  applicant:
(A) a lease or rental
				  agreement;
(B) utility
				  bills;
(C) school or work
				  records;
(D) a driver's
				  license;
(E) postmarked mail
				  delivered to the applicant at the Texas residence or intended Texas
				  residence;
(F) written verification
				  from a victim's assistance counselor; or
(G) other documentation approved by the
				  OAG.
(17) "Trafficking
				  of Persons" has the meaning assigned by Texas Code of Criminal Procedure
				  Article 58.001(11).
(18) "True
				  Address" is the physical address where the applicant actually resides, is
				  employed, or attends school.
(19)
				  "Victim's Assistance Counselor" is an individual authorized by a state or local
				  agency or other for profit or nonprofit entity to meet with or assist
				  individuals applying for participation in the ACP.