The following words and terms, when used in this chapter, shall
have the following meanings:
(1) "Agricultural land" means any land the use of which
qualifies the land for appraisal based on agricultural use as defined
under Subchapter D, Chapter 23, Texas Tax Code.
(2) "Agricultural use" includes but is not limited
to the following activities: cultivating the soil, producing crops
for human food, animal feed, or planting seed or for the production
of fibers; floriculture, viticulture, and horticulture; raising or
keeping livestock; raising or keeping exotic animals for the production
of human food or of fiber, leather, pelts, or other tangible products
having a commercial value; planting cover crops or leaving land idle
for the purpose of participating in a governmental program, provided
the land is not used for residential purposes or a purpose inconsistent
with agricultural use; and planting cover crops or leaving land idle
in conjunction with normal crop or livestock rotation procedure. The
term also includes the use of land to produce or harvest logs and
posts for the use in constructing or repairing fences, pens, barns,
or other agricultural improvements on adjacent qualified open-space
land having the same owner and devoted to a different agricultural
use. The term also includes the use of land for wildlife management.
The term also includes the use of land to raise or keep bees for pollination
or for the production of human food or other tangible products having
a commercial value, defined by the Texas Tax Code §23.51(2).
(3) "Application" means a written request for compensation
under the Landowner Compensation for Property Damage caused by Certain
Criminal Activities program and includes all supporting documentation
that is provided for claim determination as prescribed by the OAG.
(4) "Border crime" means conduct:
(A) constituting an offense under:
(i) Subchapter D, Chapter 481 (Texas Controlled Substances
Act), Health and Safety Code;
(ii) Section 20.05 (Smuggling of Persons) or 38.04
(Evading Arrest or Detention), Penal Code; or
(iii) Chapter 20A (Trafficking of Persons), Penal Code;
and
(B) involving transnational criminal activity.
(5) "Claimant" means any landowner applying for any
benefit under this chapter.
(6) "Closed application" means an application which
has been administratively closed under this chapter.
(7) "Collateral source" means financial compensation
for real property damage under a state, local, or federal funding
program, or an insurance contract and may include property insurance;
state funding; local funding; federal funding; or foreign consulate
payments.
(8) "Incident" means an occurrence of real property
damage on agricultural land caused by a trespasser as a result of
an offense under Chapter 28, Penal Code, in the course or furtherance
of a border crime or engaged in a border crime that has been reported
to law enforcement.
(9) "Landowner" means an individual or business that
owns land in the State of Texas.
(10) "Law enforcement agency" means a governmental
organization that employs commissioned peace officers as defined by
Texas Code of Criminal Procedure Article 2.12, and shall include special
rangers appointed pursuant to Texas Code of Criminal Procedure Article
2.125.
(11) "LCP" means Landowner Compensation Program.
(12) "OAG" means Office of the Attorney General.
(13) "Real Property" means agricultural land that has
the meanings assigned by Texas Tax Code, §1.04(2). The term does
not include crops, farm equipment, or livestock.
(14) "Report" means written documentation created or
provided by a law enforcement agency in connection with an incident.
(15) "Trespasser" has the meaning assigned by Texas
Civil Practice and Remedies Code §75.007.
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