(a) The following words and terms, when used in this
subchapter, shall have the following meanings:
(1) Applicant--A person who submits an application
to the Office of the Attorney General (OAG) to participate in the
Address Confidentiality Program (ACP).
(2) Application--For the purpose of administering the
ACP, means the OAG application for participation in the ACP and includes
all information and documents submitted by, or on the behalf of, the
(3) Certification--For the purpose of administering
the ACP, means OAG authorization for an applicant to participate in
(4) Certified mail--For the purpose of administering
the ACP, means any first class letter-size or flat-size mail for which
the mailer pays a surcharge to the USPS to be provided with a receipt,
and the destination post office records delivery of the mail. Certified
mail does not include a package regardless of size or type of mailing.
(5) Counseling--For the purpose of administering the
ACP, 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
(6) Family violence--As defined in Texas Family Code §71.004,
(A) an act by a member of family or household against
another member of the family or household that is intended to result
in physical harm, bodily injury, assault, or sexual assault or that
is a threat that reasonably places the member in fear of imminent
physical harm, bodily injury, assault, or sexual assault, but does
not include defensive measures to protect oneself;
(B) abuse, as that term is defined by §261.001(1)(C),
(E), and (G), by a member of a family or household toward a child
of the family or household; or
(C) dating violence, as that term is defined by §71.0021.
(7) First Class Mail--For the purpose of administering
the ACP, first class mail means United States Postal Service (USPS)
first class letter-size mail and first class flat-size mail:
(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--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) Mail sent by a government agency--Letter-size or
flat-size mail sent by a federal, state or local government agency.
Mail sent by a government agency does not include a package.
(10) Other entity--For the purpose of administering
the ACP, means an entity, whether for profit or nonprofit, that provides
the services of a victim's assistance counselor and provides counseling
and shelter services to victims of family violence, sexual assault,
stalking or trafficking of persons.
(11) Package--For the purpose of administering the
ACP, a package shall 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.
(12) Sexual offense--For the purpose of administering
the ACP, means 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--For the purpose of administering
the ACP, means the following services provided directly, by referral,
or through formal arrangements with other agencies:
(A) 24-hour-a-day shelter;
(B) a crisis call 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 and providing support and accompaniment in pursuing
(G) information about educational arrangements for
(H) information about training for and seeking employment;
(I) a referral system to existing community services.
(14) Stalking--Has the meaning assigned by Texas Penal
(15) State or local agency--For the purpose of administering
the ACP, a 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--A person who has a domicile in
Texas, who lives for more than a temporary period of time in Texas,
or who can show intent to establish a domicile in Texas at the time
of the alleged crime. 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
(G) other documentation approved by the OAG.
(17) Trafficking of Persons--As defined by Texas Code
of Criminal Procedure Article 56.81(7), refers to any offense that
may be prosecuted under Texas Penal Code §§20A.02, 20A.03,
43.03, 43.04, 43.05, 43.25, 43.251, or 43.26, and that results in
a person engaging in forced labor or services; or otherwise becoming
a victim of the offense.
(18) True Address--The physical address where the applicant
actually resides, is employed, or attends school.
(19) Victim's Assistance Counselor--For the purpose
of administering the ACP, means 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.
(20) Victim of family violence--An individual against
whom family violence has been alleged or committed, as defined in
Texas Family Code §71.004.