Tex. Code Crim. Proc. art. 58.054

Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.

Section 58.054 - Eligibility

To be eligible to participate in the program:

(1) an applicant must satisfy any of the following:

(A) meet with a victim's assistance counselor from a state or local agency or other for-profit or nonprofit entity that is identified by the attorney general as an entity that provides shelter or civil legal services or counseling to victims of family violence, sexual assault or abuse, stalking, child abduction, or trafficking of persons;

(B) be protected under, or be filing an application on behalf of a victim who is the applicant's child or another person in the applicant's household and who is protected under:

(i) a temporary injunction issued under Subchapter F, Chapter 6, Family Code;

(ii) a temporary ex parte order issued under Chapter 83, Family Code;

(iii) an order issued under Subchapter A or B, Chapter 7B, of this code or Chapter 85, Family Code; or

(iv) a magistrate's order for emergency protection issued under Article 17.292; or

(C) possess documentation of family violence, child abduction, or trafficking of persons, as identified by the rules adopted under Article 58.056, or of sexual assault or abuse or stalking, as described by Section 92.0161, Property Code; and

(2) an applicant must satisfy all of the following:

(A) file an application for participation with the attorney general or a state or local agency or other entity identified by the attorney general under Subdivision (1);

(B) file an affirmation that the applicant has discussed safety planning with a victim's assistance counselor described by Subdivision (1)(A);

(C) designate the attorney general as agent to receive service of process and mail on behalf of the applicant; and

(D) live at a residential address, or relocate to a residential address, that is unknown to the person who committed or is alleged to have committed the family violence, sexual assault or abuse, stalking, child abduction, or trafficking of persons.

Tex. Code Crim. Proc. § 58.054

Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 177,Sec. 3, eff. 5/24/2023.

Added by Acts 2019, Texas Acts of the 86th Leg.- Regular Session, ch. TBD,Sec. 1.07, eff. 1/1/2021.