reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 63 - PUBLIC INFORMATION › Subchapter C - ELECTRONIC SUBMISSION OF REQUEST FOR ATTORNEY GENERAL OPEN RECORDS DECISION › Section 63.22 - Electronic Submission of Request for Attorney General Decision

Current through Reg. 49, No. 28; July 12, 2024
(a) A governmental
				  body that requests a decision from the attorney general under Texas Government
				  Code §
										RSA
				  552.301 about whether requested public
				  information is excepted from public disclosure may submit that request for
				  decision to the attorney general through the attorney general's designated
				  electronic filing system.
(b) The
				  governmental body's request for decision must comply with the requirements of
				  Texas Government Code §
										RSA
				  552.301.
(c) The deadlines in Texas Government Code
				  §
										RSA
				  552.301 and §
										RSA
				  552.303 are met if the governmental body
				  timely submits the required documents and other materials through the attorney
				  general's designated electronic filing system within the time
				  prescribed.
(d) The governmental
				  body must comply with the requirements of Texas Government Code §
										RSA
				  552.301(d) and (e-1), and
				  §552.305 regardless of whether the request for attorney general decision
				  is submitted electronically or through another permissible method of
				  submission.
(e) To use the attorney
				  general's designated electronic filing system, the governmental body must agree
				  to and comply with the terms and conditions of use as outlined on the attorney
				  general's designated electronic filing system website.
(f) The confidentiality of Texas Government
				  Code §
										RSA
				  552.3035 applies to information submitted
				  under Texas Government Code §
										RSA
				  552.301(e)(1)(D) through the
				  attorney general's designated electronic filing system.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 63 - PUBLIC INFORMATION › Subchapter C - ELECTRONIC SUBMISSION OF REQUEST FOR ATTORNEY GENERAL OPEN RECORDS DECISION › Section 63.23 - Electronic Submission of Documents or other Materials by Interested Third Party

Current through Reg. 49, No. 28; July 12, 2024
(a) An interested
				  third party may submit, through the attorney general's designated electronic
				  filing system, the reasons why the requested public information should be
				  withheld or released along with any necessary supporting documentation for
				  consideration in the attorney general's open records decision
				  process.
(b) The deadline in Texas
				  Government Code §
										RSA
				  552.305(d)(2)(B) is met if
				  the interested third party timely submits the reasons why the requested public
				  information should be withheld or released along with any necessary supporting
				  documentation through the attorney general's designated electronic filing
				  system within the time prescribed.
(c) The interested third party must comply
				  with the requirements of Texas Government Code §
										RSA
				  552.305(e) regardless of
				  whether the interested third party submits materials electronically or through
				  another permissible method of submission.
(d) To use the attorney general's designated
				  electronic filing system, the interested third party must agree to and comply
				  with the terms and conditions of use as outlined on the attorney general's
				  designated electronic filing system website.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 64 - ADDRESS CONFIDENTIALITY PROGRAM › Subchapter A - GENERAL PROVISIONS › Section 64.1 - Scope and Construction of Rules

Current through Reg. 49, No. 28; July 12, 2024
This chapter applies to the administration of the Texas
					 Address Confidentiality Program (ACP) created by Texas Code of Criminal
					 Procedure chapter 58, subchapter B. The Office of the Attorney General (OAG)
					 adopts this chapter pursuant to Texas Code of Criminal Procedure article 58.052
					 and consistent with chapter 58, subchapter B.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 64 - ADDRESS CONFIDENTIALITY PROGRAM › Subchapter A - GENERAL PROVISIONS › Section 64.3 - Address Confidentiality Program (ACP)

Current through Reg. 49, No. 28; July 12, 2024
(a) The ACP assists victims of family
				  violence, sexual offenses, stalking, and trafficking of persons by authorizing
				  the use of an OAG-maintained confidential mailing address.
(b) The OAG will:
(1) designate a substitute post office box
				  address for participants to use in place of the participant's true residential,
				  business, or school address;
(2)
				  act as agent to receive service of process and mail on behalf of the
				  participant; or
(3) forward to the
				  participant first-class mail.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 64 - ADDRESS CONFIDENTIALITY PROGRAM › Subchapter A - GENERAL PROVISIONS › Section 64.4 - Acceptance of Substitute Address

Current through Reg. 49, No. 28; July 12, 2024
A state or local agency must accept the substitute post
					 office box address designated by the OAG if the substitute address is presented
					 to the agency by a participant in place of the participant's true residential,
					 business, or school address.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 64 - ADDRESS CONFIDENTIALITY PROGRAM › Subchapter A - GENERAL PROVISIONS › Section 64.5 - Mail That Cannot Be Forwarded

Current through Reg. 49, No. 28; July 12, 2024
The OAG will forward only first-class mail to a
					 participant. For any non-first-class mail that OAG receives, OAG will take
					 action in accordance with USPS laws, regulations, and guidelines, including,
					 but not limited to, returning mail to the sender or refusing to accept delivery
					 of such mail.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 64 - ADDRESS CONFIDENTIALITY PROGRAM › Subchapter A - GENERAL PROVISIONS › Section 64.6 - Destruction of Information

Current through Reg. 49, No. 28; July 12, 2024
(a) The OAG will
				  destroy all information relating to a participant on the third anniversary of
				  the date participation in the ACP ends.
(b) The OAG will destroy all information
				  relating to a denied application on the third anniversary of the date of the
				  denial.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 64 - ADDRESS CONFIDENTIALITY PROGRAM › Subchapter A - GENERAL PROVISIONS › Section 64.7 - Voter Registration

Current through Reg. 49, No. 28; July 12, 2024
A participant who desires to register to vote is
					 responsible for compliance with the requirements of the registrar of the county
					 in which the participant resides and all other applicable federal, state, and
					 local laws and regulations. Instructions and forms for are published online by
					 the Secretary of State. The rules applying to confidentiality of voting records
					 for ACP participants are in Texas Administrative Code, Title 1, Chapter 81,
					 §81.38(b).
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 64 - ADDRESS CONFIDENTIALITY PROGRAM › Subchapter A - GENERAL PROVISIONS › Section 64.8 - State or Local Agency Responsibility

Current through Reg. 49, No. 28; July 12, 2024
A state or local agency that accepts an ACP participant's
					 substitute post office box address is responsible for the administration of its
					 rules and regulations in compliance with Texas Code of Criminal Procedure
					 Chapter 58.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 64 - ADDRESS CONFIDENTIALITY PROGRAM › Subchapter B - APPLICATION FOR ADDRESS CONFIDENTIALITY PROGRAM PARTICIPATION › Section 64.10 - Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) An application
				  must be submitted through the form published on the OAG website, and must be
				  signed, dated, and affirm the following:
(1)
				  the applicant fears for the safety of the applicant, the applicant's child, or
				  another person in the applicant's household because of threat of immediate or
				  future harm by a person alleged to have committed family violence, a sexual
				  offense, stalking, or trafficking of persons;
(2) the applicant lives at, or will relocate
				  to, a residential address that is, to the best of their knowledge, unknown to
				  the person who committed the alleged family violence, sexual offense, stalking,
				  or trafficking of persons;
(3) if
				  there is an existing court order or a pending court case for child support or
				  child custody or visitation that involves the applicant, the name of the legal
				  counsel of record and each parent involved in the court order or pending case;
				  and
(4) the applicant designates
				  the OAG as agent to receive service of process and mail on behalf of the
				  applicant.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 64 - ADDRESS CONFIDENTIALITY PROGRAM › Subchapter B - APPLICATION FOR ADDRESS CONFIDENTIALITY PROGRAM PARTICIPATION › Section 64.11 - Certification of Address Confidentiality Program Participation

Current through Reg. 49, No. 28; July 12, 2024
(a) The OAG will review and, if appropriate,
				  approve the applicant's application and certify the applicant's participation
				  in the ACP.
(b) Upon certification
				  into the ACP, the OAG will issue an ACP authorization card (ACP card) to the
				  ACP participant. The ACP card is valid as long as the ACP participant remains
				  certified under the ACP.
(1) An ACP card is
				  property of the OAG and must be surrendered or destroyed upon cancellation of
				  participation in the ACP.(2) An ACP card is an official governmental record and
				  is void if altered, sold, or damaged.
(3) Participants may request a new ACP card
				  in the event the card is lost, stolen, or destroyed.
(4) The OAG may issue and replace ACP cards
				  upon certification or request for a replacement ACP card.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 64 - ADDRESS CONFIDENTIALITY PROGRAM › Subchapter C - PROGRAM ELIGIBILITY › Section 64.20 - Eligibility to Participate in the Address Confidentiality Program

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant is
				  eligible for participation in the ACP if:
(1)
				  they have met with a victim's assistance counselor from an entity that is
				  identified by the OAG as one that provides shelter housing, civil legal
				  services, or counseling to victims of family violence, sexual assault or abuse,
				  stalking, or trafficking of persons;
(2) they or a household member are protected
				  under, or have filed an application for an order of protection, under:
(A) a temporary injunction issued under
				  Subchapter F, Chapter 6, Texas Family Code;
(B) a temporary ex parte order issued under
				  Chapter 83, Texas Family Code;
(C)
				  an order issued under Subchapter A or B, Chapter 7B, of Texas Code of Criminal
				  Procedure or Chapter 85, Texas Family Code; or
(D) a magistrate's order for emergency
				  protection issued under Article
				  RSA
				  17.292, Texas Code of Criminal Procedure;
				  or
(3) they possess
				  other documentation as described in § 64.10 of this chapter.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 64 - ADDRESS CONFIDENTIALITY PROGRAM › Subchapter C - PROGRAM ELIGIBILITY › Section 64.21 - Renewal of Participation

Current through Reg. 49, No. 28; July 12, 2024
To renew a certification under Texas Code of Criminal
					 Procedure Article 58.059(c), an ACP participant must submit a new application
					 that complies with §64.10. An applicant may use the same incident of
					 family violence, sexual offense, stalking, or trafficking of persons as the
					 basis for renewal of their application for participation. An application for
					 renewal will be treated as an original application.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 64 - ADDRESS CONFIDENTIALITY PROGRAM › Subchapter D - PARTICIPATION TERMINATION › Section 64.30 - Denial or Cancellation

Current through Reg. 49, No. 28; July 12, 2024
(a) A participant
				  may be excluded from participation in the ACP if:
(1) mail forwarded to the participant by the
				  OAG is returned as undeliverable on at least four occasions;
(2) the participant changes the participant's
				  true residential address as provided in the application filed by the
				  participant, and does not submit an OAG Change of Address form notifying the
				  OAG at least 10 business days before the date of the address change;
				  or
(3) the participant changes the
				  participant's name.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 64 - ADDRESS CONFIDENTIALITY PROGRAM › Subchapter D - PARTICIPATION TERMINATION › Section 64.31 - Participation Withdrawal

Current through Reg. 49, No. 28; July 12, 2024
A participant may withdraw from participation in the ACP at
					 any time by submitting a signed written request. A Withdrawal Form is located
					 on the OAG website but is not required.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 64 - ADDRESS CONFIDENTIALITY PROGRAM › Subchapter E - GOVERNMENTAL AGENCY EXEMPTIONS › Section 64.40 - Request for Agency Exemption

Current through Reg. 49, No. 28; July 12, 2024
(a) An agency may
				  seek an exemption determination from the OAG under Texas Code of Criminal
				  Procedure Article 58.053(a) to require a participant to provide the
				  participant's true residential, business, or school address. To seek an
				  exemption determination, the agency must file an OAG Request for Agency
				  Exemption form that includes, but is not limited to, the following information:
(1) the name of the agency along with an
				  explanation and supporting documentation that shows the exemption is necessary
				  for the agency to perform a duty or function that is imposed by law or
				  administrative requirement;
(2) the
				  name and title of the individual authorized to make the request on behalf of
				  the agency;
(3) verification that
				  the requestor will maintain the confidentiality of the participant's true
				  residential, business, or school address; and
(4) verification by the agency representative
				  affirming that the information submitted is correct.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 64 - ADDRESS CONFIDENTIALITY PROGRAM › Subchapter E - GOVERNMENTAL AGENCY EXEMPTIONS › Section 64.41 - Request for Reconsideration of Exemption Denial

Current through Reg. 49, No. 28; July 12, 2024
(a) If an agency is denied an exemption under
				  Texas Code of Criminal Procedure Article 58.053(b), an agency has 30 days from
				  the date of the exemption denial to submit a written request for
				  reconsideration to the OAG, along with supporting documentation. The OAG may
				  require additional information as deemed necessary.
(b) The OAG will issue a written
				  determination on the agency's request for reconsideration based on the evidence
				  submitted.
(c) The OAG's decision
				  is final.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 64 - ADDRESS CONFIDENTIALITY PROGRAM › Subchapter F - ADDRESS DISCLOSURE EXCEPTIONS › Section 64.50 - Exceptions

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to
				  Texas Code of Criminal Procedure Article 58.061, the OAG will disclose a
				  participant's true residential, business, or school address if requested by:
(1) a law enforcement agency;
(2) the Department of Family and Protective
				  Services for the purpose of conducting a child protective services
				  investigation under Texas Family Code Chapter 261; or
(3) the Department of State Health Services
				  or a local health authority for the purpose of making a notification of a
				  communicable disease described under Texas Code of Criminal Procedure Article
				  21.31, Texas Family Code § 54.033, or Texas Health and Safety Code
				  §81.051.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 64 - ADDRESS CONFIDENTIALITY PROGRAM › Subchapter G - ADMINISTRATIVE REMEDIES › Section 64.60 - Request for Reconsideration

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  ACP applicant or participant has 30 days from the date of the OAG's denial or
				  cancellation to seek reconsideration. The OAG may require additional
				  information as deemed necessary. If the applicant or participant fails to seek
				  reconsideration within the 30-day time period, the decision of the OAG becomes
				  final.
(b) The OAG will issue a
				  written determination on the request for reconsideration based on the evidence
				  submitted.
(c) The OAG's
				  determination on the request for reconsideration is final.
(d) If an application for the ACP is denied
				  or participation in the ACP is canceled, the applicant or participant may
				  reapply in the event of a new qualifying incident.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 65 - LANDOWNER COMPENSATION PROGRAM › Subchapter A - SCOPE, CONSTRUCTION, AND DEFINITIONS › Section 65.1 - Authority, Scope, and Construction of Rules

Current through Reg. 49, No. 28; July 12, 2024
This chapter applies to the administration of the Landowner
					 Compensation for Property Damage caused by Certain Criminal Activities program
					 pursuant to Texas Code of Criminal Procedure, Chapter 56C. The Office of the
					 Attorney General (OAG) adopts this chapter under the authority of the Texas
					 Code of Criminal Procedure, Chapter 56C and Texas Government Code, Chapter
					 402.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 65 - LANDOWNER COMPENSATION PROGRAM › Subchapter A - SCOPE, CONSTRUCTION, AND DEFINITIONS › Section 65.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 shall have the following meanings:
(1)
				  "Agricultural land" means any land the use of which qualifies the land for
				  appraisal based on agricultural use as defined under Subchapter D, Chapter 23,
				  Texas Tax Code.
(2) "Agricultural
				  use" includes but is not limited to the following activities: cultivating the
				  soil, producing crops for human food, animal feed, or planting seed or for the
				  production of fibers; floriculture, viticulture, and horticulture; raising or
				  keeping livestock; raising or keeping exotic animals for the production of
				  human food or of fiber, leather, pelts, or other tangible products having a
				  commercial value; planting cover crops or leaving land idle for the purpose of
				  participating in a governmental program, provided the land is not used for
				  residential purposes or a purpose inconsistent with agricultural use; and
				  planting cover crops or leaving land idle in conjunction with normal crop or
				  livestock rotation procedure. The term also includes the use of land to produce
				  or harvest logs and posts for the use in constructing or repairing fences,
				  pens, barns, or other agricultural improvements on adjacent qualified
				  open-space land having the same owner and devoted to a different agricultural
				  use. The term also includes the use of land for wildlife management. The term
				  also includes the use of land to raise or keep bees for pollination or for the
				  production of human food or other tangible products having a commercial value,
				  defined by the Texas Tax Code §
										23.51(2).
(3) "Application" means a written request for
				  compensation under the Landowner Compensation for Property Damage caused by
				  Certain Criminal Activities program and includes all supporting documentation
				  that is provided for claim determination as prescribed by the OAG.
(4) "Border crime" means conduct:
(A) constituting an offense under:
(i) Subchapter D, Chapter 481 (Texas
				  Controlled Substances Act), Health and Safety Code;
(ii) Section 20.05 (Smuggling of Persons) or
				  38.04 (Evading Arrest or Detention), Penal Code; or
(iii) Chapter 20A (Trafficking of Persons),
				  Penal Code; and
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 65 - LANDOWNER COMPENSATION PROGRAM › Subchapter B - PROGRAM GUIDELINES › Section 65.200 - Eligibility and Administration

Current through Reg. 49, No. 28; July 12, 2024
(a) The OAG shall
				  determine the eligibility, standards, and reasonable limits on compensation for
				  applications and payments in a manner consistent with the law and this chapter.
				  Use of payments made under the LCP are subject to ongoing review by the OAG to
				  ensure compliance with conditions of the awards.
(b) The following requirements must be met in
				  order for a claimant to be eligible for compensation under the LCP:
(1) the claimant must be a
				  landowner;
(2) the land for which
				  the claimant submits an application for compensation under the LCP must be
				  agricultural land;
(3) the damage
				  for which the claimant submits an application must be real property damage
				  caused by a trespasser as a result of an offense under Chapter 28, Texas Penal
				  Code, that was committed in the course of or in furtherance of a border crime
				  or a law enforcement response to a trespasser who was engaged in a border
				  crime;
(4) the claimant must submit
				  a written report created by a law enforcement agency stating real property
				  damage occurred in connection with a border crime; and
(5) the landowner sought and was not eligible
				  to receive compensation from all available collateral sources.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 65 - LANDOWNER COMPENSATION PROGRAM › Subchapter B - PROGRAM GUIDELINES › Section 65.201 - Program Compensation

Current through Reg. 49, No. 28; July 12, 2024
(a) The OAG may
				  award compensation to claimants determined by the OAG to have met all
				  eligibility requirements in §65.200 of this chapter.
(b) Compensation will be reduced for any
				  portion of the otherwise eligible real property damage for which the claimant
				  received compensation from a collateral source.
(c) Awarded compensation will be an amount
				  the OAG determines is reasonable to restore the real property to equal value of
				  the real property before the damage.
(d) The OAG may determine the fair market
				  price of a cost to determine a reimbursable amount of compensation if a
				  claimant does not, for a reasonable reason, submit proof of the actual cost for
				  repair. The OAG has the discretion to determine whether the reason a claimant
				  is not able to provide proof of actual cost for repair is reasonable.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 65 - LANDOWNER COMPENSATION PROGRAM › Subchapter B - PROGRAM GUIDELINES › Section 65.202 - Compensation Amount Guidelines

Current through Reg. 49, No. 28; July 12, 2024
(a) Real property
				  repairs are limited to the following categories:
(1) labor cost for repairs made;
(2) cost for fence repair, including
				  materials;
(3) cost for structure
				  repair, including materials;
(4)
				  disposal and removal of damaged property; or
(5) any other costs the OAG determines is
				  reasonable to restore fair market value.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 65 - LANDOWNER COMPENSATION PROGRAM › Subchapter B - PROGRAM GUIDELINES › Section 65.203 - Monitoring Use of Compensation

Current through Reg. 49, No. 28; July 12, 2024
(a) The OAG may
				  verify and investigate the use of compensation awarded under the LCP.
				  Verification and investigation includes but is not limited to:
(1) verification of any documentation
				  submitted to the OAG;
(2) review of
				  records submitted by a claimant; or
(3) a post-award audit to verify actual
				  charges, bills, payments, and the delivery of goods or services.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 65 - LANDOWNER COMPENSATION PROGRAM › Subchapter C - APPLICATION FOR COMPENSATION › Section 65.300 - Application for Compensation

Current through Reg. 49, No. 28; July 12, 2024
(a) All
				  communications and applications for compensation shall be submitted to the LCP
				  in a manner and form prescribed by the OAG.
(b) An application for compensation is
				  complete when the application:
(1) is filled
				  out in its entirety as prescribed by the OAG;
(2) signed by the claimant or authorized
				  agent, as determined by the OAG;
(3) contains all relevant required
				  documentation; and
(4) contains any
				  other information requested by the OAG to determine eligibility.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 65 - LANDOWNER COMPENSATION PROGRAM › Subchapter C - APPLICATION FOR COMPENSATION › Section 65.301 - Timely Filing an Application

Current through Reg. 49, No. 28; July 12, 2024
(a) An application
				  must be submitted with the OAG no later than 90 days from the date of an
				  incident.
(b) The OAG may extend
				  the time for filing an application upon good cause shown by the claimant. Good
				  cause, as determined by the OAG, may include the following circumstances:
(1) The claimant was not reasonably aware of
				  the LCP;
(2) Extenuating
				  circumstances prevented the claimant from filing in a timely manner;
				  or
(3) Any other circumstance that
				  the OAG considers significant.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 65 - LANDOWNER COMPENSATION PROGRAM › Subchapter C - APPLICATION FOR COMPENSATION › Section 65.302 - Law Enforcement Report

Current through Reg. 49, No. 28; July 12, 2024
(a) A claimant must
				  report an incident to the appropriate law enforcement agency within a
				  reasonable period as determined by the OAG in order to be eligible for
				  compensation under the LCP.
(b) The
				  OAG may extend the time for reporting an incident to law enforcement if the OAG
				  determines that the extension is justified by extraordinary
				  circumstances.
(c) The report must
				  include the location of the incident.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 65 - LANDOWNER COMPENSATION PROGRAM › Subchapter C - APPLICATION FOR COMPENSATION › Section 65.303 - Denial or Closure of an Application

Current through Reg. 49, No. 28; July 12, 2024
(a) The OAG will
				  deny compensation under this article if:
(1)
				  real property damage was not caused by a trespasser committing a border crime
				  on agricultural land;
(2) the
				  claimant was eligible for reimbursement from another collateral source and
				  failed to seek reimbursement from the collateral source prior to submitting an
				  application; or
(3) the claimant
				  did not meet the requirements for eligibility under this chapter; or
(4) the claimant knowingly or intentionally
				  provides false or fraudulent information or supporting documentation to the
				  OAG.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 65 - LANDOWNER COMPENSATION PROGRAM › Subchapter C - APPLICATION FOR COMPENSATION › Section 65.304 - Collateral Sources

Current through Reg. 49, No. 28; July 12, 2024
(a) The LCP is the
				  payer of last resort, and the OAG will not award compensation to a claimant if
				  the OAG determines the claimant is or was eligible for reimbursement from any
				  available collateral source and failed to seek reimbursement from an available
				  collateral source.
(b) The OAG may
				  deny or reduce the compensation if the OAG notifies the claimant of a possible
				  reimbursement amount from any available collateral source, and the claimant
				  fails to apply or pursue the compensation within a reasonable time frame as
				  determined by the OAG. The acceptable time frame will be determined by the OAG
				  upon consideration of all relevant facts and circumstances.
(c) A claimant must seek compensation from
				  any available collateral sources prior to submitting a claim to the OAG, when
				  reasonably possible.
(d) Unless
				  good cause is shown, if a claimant receives compensation from a collateral
				  source, the claimant must report the compensation amount and the source to the
				  OAG before the claimant will be eligible to receive compensation. If a claimant
				  is awarded compensation by a collateral source after the OAG awarded
				  compensation under the LCP, the claimant must notify the OAG of the amount and
				  the source of the collateral source within 10 business days of becoming aware
				  of the compensation from a collateral source.
(e) If the claimant fails to utilize any
				  available collateral source for all or a portion for real property damage, the
				  OAG may deny or reduce an award under the LCP.
(f) Gifts, donations, or charitable
				  contributions made directly to a claimant are not a collateral source and may
				  not reduce the determination of the actual real property damage incurred by the
				  claimant.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 65 - LANDOWNER COMPENSATION PROGRAM › Subchapter C - APPLICATION FOR COMPENSATION › Section 65.305 - Refunds from Claimants

Current through Reg. 49, No. 28; July 12, 2024
(a) The OAG may
				  require a refund from a claimant if any compensation was awarded under the LCP
				  based on fraud or mistake or based on new information that would disqualify a
				  claimant from being eligible for compensation.
(b) The OAG may require the claimant to
				  refund any overpayment in full or in installments or reduce future or pending
				  payments by the amount of the overpayment.
(c) The OAG may discontinue or suspend all
				  current and future payments to a claimant from whom the OAG has requested a
				  refund.
(d) The OAG may pursue
				  available administrative or civil penalties in addition to seeking a refund
				  upon determining that compensation was awarded based on fraud or mistake or
				  based on new information that would disqualify a claimant from being eligible
				  for compensation.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 65 - LANDOWNER COMPENSATION PROGRAM › Subchapter C - APPLICATION FOR COMPENSATION › Section 65.306 - Insufficient Funds

Current through Reg. 49, No. 28; July 12, 2024
The OAG will not exceed the amount of money appropriated
					 for compensation and available funds will be awarded in a priority deemed
					 appropriate by the OAG.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 65 - LANDOWNER COMPENSATION PROGRAM › Subchapter C - APPLICATION FOR COMPENSATION › Section 65.307 - Use of the Electronic Communication

Current through Reg. 49, No. 28; July 12, 2024
(a) The OAG may send
				  a claimant any notices, forms, or other documentation and information by
				  electronic means.
(b) The OAG may
				  require a claimant to submit notices, forms, or other documentation and
				  information be electronic means, unless good cause is shown.
(c) In accordance with the Uniform Electronic
				  Transactions Act, Texas Business and Commerce Code, Chapter 322, a notice,
				  form, record, or signature may not be denied legal effect or enforceability
				  solely because it is in electronic form.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 65 - LANDOWNER COMPENSATION PROGRAM › Subchapter D - ADMINISTRATIVE PENALTIES › Section 65.400 - Request for Reconsideration of Adverse Action

Current through Reg. 49, No. 28; July 12, 2024
(a) A claimant
				  may request a reconsideration of all or any part of the OAG's decision to make
				  or deny an award on an application or on the amount of an award.
(b) Within 30 days from the date that the
				  OAG's office provides the claimant with the award written decision notice, the
				  claimant must submit a signed, written request for reconsideration stating the
				  reasons for the request for reconsideration. If the claimant fails to file a
				  written request for reconsideration to the OAG's adverse action within the
				  30-day time period, the decision of the OAG becomes binding, and the claimant
				  waives the right to further appeal.
(c) The OAG may not grant a reconsideration
				  if a request is not filed by the claimant within the 30-day time period, unless
				  the claimant shows good cause for late filing. The claimant must provide to the
				  OAG a signed, written explanation showing good cause for failing to submit a
				  written request for reconsideration of the OAG's adverse action within the
				  30-day time period. If the OAG does not find that good cause exists for late
				  filing, the decision of the OAG becomes binding, and the claimant waives the
				  right to further appeal.
(d) The
				  OAG will provide the claimant a written notification of its reconsideration
				  decision. If the claimant is dissatisfied with the reconsideration of the OAG's
				  award decision, the claimant must file a signed, written request for a hearing
				  with the OAG within 30 days of the date of the reconsideration decision. If the
				  claimant fails to file a written request for a hearing within the 30-day time
				  period, the reconsideration decision becomes binding, and the claimant waives
				  the right to a hearing.
(e) A
				  claimant who fails to exhaust all available administrative remedies waives the
				  right to seek judicial review.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 65 - LANDOWNER COMPENSATION PROGRAM › Subchapter D - ADMINISTRATIVE PENALTIES › Section 65.401 - Prehearing Conference

Current through Reg. 49, No. 28; July 12, 2024
At any time before a hearing is conducted, the hearing
					 officer may request a prehearing conference, either in person or by telephone,
					 with the claimant, or his or her legal representative in order to establish
					 whether a hearing on an application for compensation is
					 necessary.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 65 - LANDOWNER COMPENSATION PROGRAM › Subchapter D - ADMINISTRATIVE PENALTIES › Section 65.402 - Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) If the claimant is dissatisfied with the
				  reconsideration decision, the claimant may file a signed, written request for
				  hearing.
(b) The OAG may not grant
				  a request for a hearing if a request is not filed by the claimant within the
				  30-day time period, unless the claimant shows good cause for late filing. The
				  claimant must provide to the OAG a signed, written explanation showing good
				  cause for failing to submit a written request for hearing within the 30-day
				  time period.
(c) If the OAG does
				  not find that good cause exists for late filing, the decision of the OAG
				  becomes binding, and the claimant waives the right to further appeal. If the
				  OAG determines that a hearing is necessary, then the claimant will receive
				  notice of hearing not less than 10 days before the date of the hearing, stating
				  the time, date, and place of the hearing.
(d) The hearing shall be conducted in Texas
				  in a manner consistent with the law and rules adopted under this
				  chapter.
(e) Any costs for the
				  claimant to travel to the hearing are entirely the financial responsibility of
				  the claimant and those costs will not be reimbursed by the OAG.
(f) Failure of the claimant to appear for the
				  hearing, may result in the entry of a final decision based upon the available
				  record. A claimant may have the hearing rescheduled by making a request to
				  reschedule at least two OAG business days prior to the hearing. Multiple
				  requests for reschedule may be denied by the OAG. If a claimant fails to make a
				  timely request to reschedule, the OAG may reschedule the hearing upon good
				  cause shown by the claimant.
(g)
				  The OAG will notify the claimant in writing of the final decision, including
				  the reasons for the decision.
(h) A
				  claimant may seek judicial review of all or any part of the final
				  decision.
(i) In any proceeding
				  under this subchapter, the burden of proof is upon the claimant to prove by a
				  preponderance of the evidence that grounds for compensation exist.
(j) A claimant who fails to exhaust all
				  available administrative remedies waives the right to seek judicial
				  review.
(k) A final decision from
				  the OAG may only be rendered by the OAG hearing officer after a prehearing
				  conference, a final ruling hearing, or based on the available record.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 66 - FAMILY TRUST FUND DISBURSEMENT PROCEDURES › Subchapter A - GENERAL PROVISIONS AND ELIGIBILTY › Section 66.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise.
(1) GAAS--Generally
				  Accepted Auditing Standards;
(2)
				  OAG--Office of the Attorney General;
(3) UGMS--Uniform Grant Management Standards
				  published by the Governor's Office of Budget and Planning;
(4) FTFG--Family Trust Fund Grant;
(5) RFP--Request for Proposal;
(6) IFB--Invitation for Bid;
(7) HUB--Historically Underutilized
				  Businesses;
(8) RFA--Request for
				  Application.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 66 - FAMILY TRUST FUND DISBURSEMENT PROCEDURES › Subchapter A - GENERAL PROVISIONS AND ELIGIBILTY › Section 66.2 - Adoptions by Reference

Current through Reg. 49, No. 28; July 12, 2024
(a) Grantees
				  must comply with all applicable state and federal statutes, rules, regulations,
				  and guidelines. In instances where both federal and state requirements apply to
				  a grantee, the more restrictive requirement applies.
(b) OAG adopts by reference the rules,
				  documents, and forms listed below that relate to the administration of Family
				  Trust Fund grants. These requirements apply to all OAG grants, whether state or
				  federal funds, including grants to nonprofit corporations.
(1) Uniform Grant Management Standards (UGMS)
				  adopted pursuant to the Uniform Grant and Contract Management Act of 1981,
				  Chapter 783, Texas Government Code. See 1 T.A.C. §§ 5.141- 5.167.
				  These requirements apply to all OAG grants, whether state or federal funds,
				  including grants to nonprofit corporations.
(2) Texas Review and Comment System. See 1
				  TAC § 5.191et seq. developed in response to Presidential Executive Order
				  12372. These requirements apply to all grants funded by OAG.
(3) OAG forms, including the statement of
				  grant award, grantee acceptance notice, and grantee's invoices. These
				  requirements apply to all grants funded by OAG.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 66 - FAMILY TRUST FUND DISBURSEMENT PROCEDURES › Subchapter A - GENERAL PROVISIONS AND ELIGIBILTY › Section 66.3 - Source of Funds

Current through Reg. 49, No. 28; July 12, 2024
The Family Trust Fund was created by Texas Family Code
					 §
										RSA 2.014 as a
					 trust fund with the state comptroller to be administered by the OAG for the
					 beneficiaries of the fund. Each county clerk of Texas is required to collect
					 $30 of each marriage license issued and to remit $10 of that fee to the
					 comptroller for deposit in the Family Trust Fund. The funds shall be deposited
					 with the State Comptroller's Office in the Family Trust Fund.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 66 - FAMILY TRUST FUND DISBURSEMENT PROCEDURES › Subchapter A - GENERAL PROVISIONS AND ELIGIBILTY › Section 66.5 - Purpose of Funds

Current through Reg. 49, No. 28; July 12, 2024
The purpose of the Family Trust Fund is to provide funds
					 for programs that provide premarital education, strengthen families, reduce the
					 amount of delinquent child support, and assist families.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 66 - FAMILY TRUST FUND DISBURSEMENT PROCEDURES › Subchapter A - GENERAL PROVISIONS AND ELIGIBILTY › Section 66.7 - Eligible Projects

Current through Reg. 49, No. 28; July 12, 2024
Grants or contracts awarded under this chapter may be used
					 to fund:
(1) projects that will assist
				  in the development and distribution of a premarital education
				  handbook;
(2) projects in
				  institutions of higher education that will assist in developing programs,
				  courses, and policies to help strengthen families and assist children whose
				  parents are divorcing;
(3) projects
				  in counties that will administer free or low-cost premarital education
				  courses;
(4) programs that are
				  intended to reduce the amount of delinquent child support; and
(5) any other program that the OAG determines
				  will assist families in this state.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 66 - FAMILY TRUST FUND DISBURSEMENT PROCEDURES › Subchapter A - GENERAL PROVISIONS AND ELIGIBILTY › Section 66.9 - Eligible Applicants

Current through Reg. 49, No. 28; July 12, 2024
The entities that are eligible to apply for Family Trust
					 Fund monies are:
(1) institutions of
				  higher education having academic departments that are capable of research on
				  marriage and divorce that will assist in determining programs, courses, and
				  policies to help strengthen families and assist children whose parents are
				  divorcing;
(2) counties that are
				  creating and administering free or low cost premarital education
				  courses;
(3) programs that are
				  intended to reduce the amount of delinquent child support; and
(4) any other programs that the OAG
				  determines will assist families in this state.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 66 - FAMILY TRUST FUND DISBURSEMENT PROCEDURES › Subchapter B - GRANT APPLICATION, SCOPE OF GRANT, APPROVAL AND FUNDING › Section 66.15 - Grant or Contract Application

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  applicant for a grant under this chapter must complete and submit a grant
				  application package to the OAG Grant Coordinator, 300 West 15th Street, 15th
				  Floor, P.O. Box 12548, Austin, Texas 78711-2548. An applicant may contact the
				  OAG by telephone (512-463-0192) or in writing for information about application
				  requirements and for application packages.
(b) The original and one copy of the
				  application package must be received by the OAG by the first business day in
				  May of the year in which the application is submitted. Applications received
				  after the deadline for submission will not be considered.
(c) An applicant for a contract under this
				  chapter must submit a request in writing to the OAG Grant Coordinator, 300 West
				  15th Street, 15th Floor, P.O. Box 12548, Austin, Texas 78711-2548. An applicant
				  may contact the OAG by telephone (512-463-0192) or in writing for information
				  about the application process.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 66 - FAMILY TRUST FUND DISBURSEMENT PROCEDURES › Subchapter B - GRANT APPLICATION, SCOPE OF GRANT, APPROVAL AND FUNDING › Section 66.17 - Approval of Grants or Contracts

Current through Reg. 49, No. 28; July 12, 2024
The OAG will review and evaluate each timely application.
					 The OAG has full discretion in making all funding decisions. The OAG will base
					 award decisions on an applicant's eligibility, cost effectiveness of the
					 proposed grant or contract, and the service needs within the geographic area of
					 an applicant. Award decisions by the OAG are final and not subject to judicial
					 review.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 66 - FAMILY TRUST FUND DISBURSEMENT PROCEDURES › Subchapter B - GRANT APPLICATION, SCOPE OF GRANT, APPROVAL AND FUNDING › Section 66.19 - Grant or Contract Period

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  project will be funded for a 12-month period, beginning no earlier than
				  September 1 of each year, and ending August 31 of each year.
(b) The maximum number of years that a grant
				  may be funded is two years.
(c) An
				  applicant may submit a single application for funding for a two year period. If
				  the application is approved, the project will be funded for the first year and
				  will receive automatic consideration for second year funding. No additional
				  application will be required for the second year, but the OAG may require a
				  grantee to submit updated attachments, contracts, budgets, resolutions, and
				  other information as necessary. The OAG will base its final decision on second
				  year funding on first year performance, including the timeliness and
				  thoroughness of reporting, the success of the project in meeting its goals, and
				  the outcome of OAG on-site visits.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 66 - FAMILY TRUST FUND DISBURSEMENT PROCEDURES › Subchapter B - GRANT APPLICATION, SCOPE OF GRANT, APPROVAL AND FUNDING › Section 66.21 - Nonstandard Funding

Current through Reg. 49, No. 28; July 12, 2024
The OAG may fund projects, upon application, outside of the
					 annual grant or contract cycle or at amounts higher or lower than provided for
					 in this chapter based on availability of funds and a particularized need,
					 consistent with the Texas Family Code, §
										RSA
					 2.014.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 66 - FAMILY TRUST FUND DISBURSEMENT PROCEDURES › Subchapter B - GRANT APPLICATION, SCOPE OF GRANT, APPROVAL AND FUNDING › Section 66.23 - Continuation of Funding

Current through Reg. 49, No. 28; July 12, 2024
There is no commitment by the OAG that a grant, once
					 funded, will receive subsequent funding, or that a contract, once funded, will
					 receive subsequent renewal. To qualify for continuation of funding for existing
					 projects, applicants must meet all requirements of this chapter and have a
					 history of timely submission of progress and financial reports. Continuation of
					 funding of new and existing projects is also contingent upon the availability
					 of funds.