SECTION 64.2. Definitions

(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 §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 §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 §22.011, "aggravated sexual assault" as defined in Texas Penal Code §22.021, or "prohibited sexual conduct" as defined in Texas Penal Code §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 §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.

Source Note: The provisions of this §64.2 adopted to be effective September 26, 2022, 47 TexReg 6189