SECTION 5.11. Subchapter Definitions

The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise.

(1) Analysis under this subchapter means a 28 Code of Federal Regulations (CFR)--compliant analysis by the department of information collected under this subchapter in conjunction with other corresponding information to determine:

(A) a trend or pattern, including modus operandi (MO);

(B) a general outline of a confidence scheme, including victim selection;

(C) a general description of an organization engaging in confidence schemes; and

(D) specific identification of a potential victim, offender, or organization, including membership, address, alias, opening gambit, and vehicle information.

(2) Elderly individual--means a person 65 years of age or older.

(3) Property crime--means:

(A) an offense under Penal Code, Chapter 31 (Theft);

(B) an offense under Penal Code, Chapter 32 (Fraud);

(C) any other offense under the Penal Code involving an intent to steal or defraud, which may include robbery, burglary, or computer crime; or

(D) if the underlying offense is described by this paragraph:

(i) a preparatory offense under Penal Code, Chapter 15; or

(ii) an organized crime offense under Penal Code, Chapter 71.

Source Note: The provisions of this §5.11 adopted to be effective March 25, 2002, 27 TexReg 2239; amended to be effective March 11, 2008, 33 TexReg 2036