|(a) Pursuant to Texas Code of Criminal Procedure Article
56.82 the ACP is administered by the OAG to establish an address confidentiality
program to assist victims of family violence, sexual offenses, stalking,
and trafficking of persons in maintaining a confidential mailing address.
The OAG shall:
(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;
(3) Forward to the participant the first class mail
or mail sent by a government agency received by the OAG on behalf
of the participant.
(b) The following will not be forwarded to the participant
by the OAG:
(2) certified mail that does not meet the definition
of first class mail; and
(3) government mail that does not meet the definition
of first class mail.
(c) 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 shall 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.
(d) The OAG may not make a copy of a participant's
mail received by the OAG, except that the OAG shall retain a copy
of the envelope in which certified mail is received on behalf of the
participant and the OAG will forward the certified mail if it meets
the definitions of first class mail.
(e) 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 in the course and scope of assigned
responsibilities and duties.
(f) An agent or employee of the attorney general who
does not act in good faith and in 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.
(g) The OAG is not responsible for updating or modification
of 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 valid physical address of residency.
(h) The OAG is not responsible for tracking or otherwise
maintaining mail or records of mail received on behalf of a participant,
unless otherwise required by statute.
(i) The OAG is not responsible for notifying any person
or entity of the expiration or cancellation of the participant's participation
in the ACP.
(j) 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.