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
Universal Citation: 1 TX Admin Code ยง 64.2
Current through Reg. 49, No. 38; September 20, 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.
(b) The definitions in this chapter will be given their most reasonable meaning unless the content clearly indicates otherwise.
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