SECTION 64.3. Address Confidentiality Program (ACP)

(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.

(c) The OAG will not forward packages.

(d) A summons, writ, notice, demand, or process may be served on the OAG on behalf of the participant by delivery of two copies of the document to the OAG. The OAG will retain a copy of the summons, writ, notice, demand, or process and forward the original to the participant via first class or certified mail not later than the third day after the date of service on the OAG.

(e) The OAG may not make a copy of a participant's mail received by the OAG, except that the OAG will retain a copy of the envelope in which certified mail is received on behalf of the participant.

(f) The attorney general or an agent or employee of the attorney general is immune from liability for any act or omission by the agent or employee in administering the ACP if the agent or employee was acting in good faith and within the course and scope of assigned responsibilities and duties.

(g) An agent or employee of the attorney general who does not act in good faith and within the course and scope of assigned responsibilities and duties in disclosing a participant's true residential, business, or school address is subject to prosecution under Chapter 39, Texas Penal Code.

(h) The OAG is not responsible for updating or modifying the participant's public records regarding the substitute address. ACP participants remain personally responsible for compliance with all applicable federal, state, and local laws and regulations, including those which require a physical address.

(i) The OAG is not responsible for tracking or otherwise maintaining mail or records of mail received on behalf of a participant.

(j) The OAG is not responsible for notifying any person or entity of the expiration or cancellation of the participant's participation in the ACP.

(k) Upon a final determination of the expiration or cancellation of the participant's participation in the ACP, the OAG will return the participant's mail to sender.

Source Note: The provisions of this §64.3 adopted to be effective September 26, 2022, 47 TexReg 6189