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.

Source Note: The provisions of this §65.2 adopted to be effective May 12, 2024, 49 TexReg 3003