Texas Register, Volume 49, Number 7, Pages 805-932, February 16, 2024 Page: 825
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(b) The OAG will set the compensation rates for costs enu-
merated in subsection (a) of this section in accordance with fair market
value guidelines and publish the rates on the OAG's website. The OAG
may periodically review and adjust the compensation rates at its discre-
tion to ensure fair market value.
(c) The maximum amount awarded per incident will not ex-
ceed $75,000.
(d) Applications submitted by a claimant for $15 or less will
not be considered.
65.203. Monitoring Use of Compensation.
(a) The OAG may verify and investigate the use of compen-
sation awarded under the LCP. Verification and investigation includes
but is not limited to:
(1) verification of any documentation submitted to the
OAG;
(2) review of records submitted by a claimant; or
(3) a post-award audit to verify actual charges, bills, pay-
ments, and the delivery of goods or services.
(b) The OAG may require additional supporting documenta-
tion from a claimant. The claimant must respond to the OAG's request
within 10 days, unless good cause is shown.
(c) If the claimant fails to provide additional supporting
documentation or the OAG determines the claimant improperly used
awarded compensation, then the OAG may require a claimant to
refund the awarded funds in accordance with this chapter.
The agency certifies that legal counsel has reviewed the pro-
posal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on February 5,
2024.
TRD-202400486
Justin Gordon
General Counsel
Office of the Attorney General
Earliest possible date of adoption: March 17, 2024
For further information, please call: (512) 565-8064
SUBCHAPTER C. APPLICATION FOR
COMPENSATION
1 TAC 65.300 - 65.307STATUTORY AUTHORITY
New 1 TAC Chapter 65 is proposed pursuant to the Texas Code
of Criminal Procedure, Chapter 56C, as added by S.B. 1133
passed by the 88th Texas Legislature, Regular Session (2023)
which requires the OAG to adopt rules necessary to implement
Chapter 56C.
Proposed new Chapter 65 is further proposed pursuant to the
General Appropriations Act for Fiscal Year 2024-2025, Contin-
gency Rider Section 18.03, which appropriates funds to create
and administer the Landowner Compensation Program.
CROSS REFERENCEThis regulation clarifies Texas Code of Criminal Procedure,
Chapter 56C. No other rule, regulation, or law is affected by this
proposed rule.
65.300. Application for Compensation.
(a) All communications and applications for compensation
shall be submitted to the LCP in a manner and form prescribed by the
OAG.
(b) An application for compensation is complete when the ap-
plication:
(1) is filled out in its entirety as prescribed by the OAG;
(2) signed by the claimant;
(3) contains all relevant required documentation; and
(4) contains any other information requested by the OAG
to determine eligibility.
(c) The OAG will not consider an application until the appli-
cation is complete as prescribed in 65.300(b).
(d) An application must include:
(1) a written report, including an incident or claim number,
by a law enforcement agency that documents the real property damage
occurred in connection with a border crime;
(2) photographic evidence of the real property damage;
(3) a detailed description of the real property damage;
(4) the Texas Comptrollers of Public Accounts - Ag/Tim-
ber Registration Number; and
(5) insurance declarations or denial of coverage.
(e) The OAG may require the claimant to provide:
(1) Federal Tax Identification Number (EIN);
(2) entity formation information;
(3) the claimant's social security number;
(4) the claimant's Individual Taxpayer Number (ITIN);
(5) itemized receipts or invoices of cost for repair(s); or
(6) itemized receipts or invoices of cost for labor.
(f) If the claimant submits an application that is not complete,
the OAG will notify the claimant in writing, that the application is in-
complete and request additional information be provided.
(g) If the claimant does not return the completed application to
the OAG within 30 days from the date generated on the OAG's request
for additional information, the application may be closed in accordance
with 65.303 of this chapter.65.301. Timely Filing an Application.
(a) An application must be submitted with the OAG no later
than 90 days from the date of an incident.
(b) The OAG may extend the time for filing an application
upon good cause shown by the claimant. Good cause, as determined
by the OAG, may include the following circumstances:
(1) The claimant was not reasonably aware of the LCP;
(2) Extenuating circumstances prevented the claimant
from filing in a timely manner; or
(3) Any other circumstance that the OAG considers signif-
icant.PROPOSED RULES February 16, 2024 49 TexReg 825
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Texas. Secretary of State. Texas Register, Volume 49, Number 7, Pages 805-932, February 16, 2024, periodical, February 16, 2024; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1657764/m1/21/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.