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TITLE 1ADMINISTRATION
PART 3OFFICE OF THE ATTORNEY GENERAL
CHAPTER 61CRIME VICTIMS' COMPENSATION
SUBCHAPTER KADDRESS CONFIDENTIALITY PROGRAM
RULE §61.1005Address Confidentiality Program

(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:

  (1) packages;

  (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.


Source Note: The provisions of this §61.1005 adopted to be effective May 25, 2008, 33 TexReg 3933; amended to be effective October 30, 2014, 39 TexReg 8373

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