(a) The OAG shall determine the eligibility, standards, and reasonable limits on compensation for applications and payments in a manner consistent with the law and this chapter. Use of payments made under the LCP are subject to ongoing review by the OAG to ensure compliance with conditions of the awards.
(b) The following requirements must be met in order for a claimant to be eligible for compensation under the LCP:
  (1) the claimant must be a landowner;
  (2) the land for which the claimant submits an application for compensation under the LCP must be agricultural land;
  (3) the damage for which the claimant submits an application must be real property damage caused by a trespasser as a result of an offense under Chapter 28, Texas Penal Code, that was committed in the course of or in furtherance of a border crime or a law enforcement response to a trespasser who was engaged in a border crime;
  (4) the claimant must submit a written report created by a law enforcement agency stating real property damage occurred in connection with a border crime; and
  (5) the landowner sought and was not eligible to receive compensation from all available collateral sources.
(c) The real property damage for which a claimant files a claim must have occurred on or after September 1, 2023.
(d) A claimant may not be eligible for compensation under the LCP if the claimant does not submit an application in accordance with this chapter.

Source Note: The provisions of this §65.200 adopted to be effective May 12, 2024, 49 TexReg 3003