SECTION 64.40. Request for Agency Exemption

(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.

(b) The OAG may require additional information deemed necessary by the OAG.

(c) The OAG will issue a written determination as soon as practicable.

(d) An agency may submit a request for an exemption determination at any time even if there is no current need for the exemption at the agency.

(e) An agency previously denied an exemption may reapply in the event of new information.

Source Note: The provisions of this §64.40 adopted to be effective September 26, 2022, 47 TexReg 6189