General
Application
Insurance
Collateral Source
Compensation
General Questions
If I have more than one incident, in any given day, do I submit one application for all incidents?
No, one application needs to be completed per incident.
If a shared fence is damaged, who files for compensation?
Landowners should work out how the costs will be shared and who will file an application.
Who qualifies for compensation?
Landowners of agricultural land
What can be considered new evidence?
Evidence the claimant did not have when they first filed.
How much time do I have to file an application for compensation?
You will have 90 days from the date of the incident causing the damage.
Who can file an application for compensation?
A landowner or someone authorized by the landowner such as a lessee, employee, or legal representative. Regardless of who files, the landowner will be the one to receive the awarded amount.
Can an agent or lessee file for compensation?
Yes, but if someone other than the landowner is filing, a document showing authorization, such as a power of attorney, will need to be provided.
What is the Ag/Timber number?
The Texas Comptroller of Public Accounts provides the number to farmers, ranchers, and timber producers to claim exemptions from some Texas taxes when purchasing certain items used exclusively to produce agricultural and timber products for sale.
What is the CAD?
Each county has its own appraisal district or tax assessor-collector.
Can I apply for compensation for an incident that occurred before September 1, 2023?
No compensation will be awarded for damage incurred before the law went into effect.
Can the GPS coordinates be substituted the crime location address?
No, but this information can still be provided.
Why does the landowner need to seek a collateral source first?
This requirement was included by the Legislature.
Can an application for compensation be submitted after the 90 days from the date of the incident?
No, however a 90-day grace period for those who suffered damage between September 1, 2023 and May 6, 2024 will be given after the go-live date of the program.
Application
If multiple properties sustain damages on the same incident, who applies?
Each landowner may apply for compensation for the damage on their own land.
What happens if the application for compensation is denied?
The decision may be appealed within 30 days of determination.
Insurance
What is an Insurance Declaration Page?
It summarizes what the policy covers, limits, deductibles, and effective dates. It is often called a "dec page" and can be found in your policy.
Can a landowner apply if they filed a claim through their insurance?
Yes, if coverage is denied then submit the denial letter. If the insurance covered part of the damage, submit the award letter.
Collateral Source
Can a landowner apply for compensation without seeking any other collateral source?
Only if no other collateral source is available. For example, if no insurance covers the property and no federal, state, or local programs could cover the damage.
If a federal, state, or local program would cover the damage, can the landowner apply for compensation?
The claimant should apply first for any other program that might cover the damage. The LCP will take into consideration how much, if any, compensation is awarded by other programs. If a claimant does not apply for programs they may be eligible for, their application may be denied.
What is considered a collateral source?
Collateral sources include: Farm insurance contract, Ranch insurance contract, property insurance contract, auto insurance contract, damages received from lawsuit, settlement award, state program, local program, or federal program. They do not include a gift.
Compensation
If no receipt is provided, how will the compensation award amount be calculated?
The Fair Market Price Breakdown will be used based on measurements and material type provided.
If the landowner does not have a receipt, can an invoice be provided?
Yes
Will trash, discarded clothing, personal waste products, or contaminated materials that are left behind be covered for compensation?
No.