The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

1. (1) Act--Health and Safety Code, Chapter 841, Civil Commitment of Sexually Violent Predators.
2. (2) Behavioral abnormality--A congenital or acquired condition that, by affecting a person's emotional or volitional capacity, predisposes the person to commit a sexually violent offense to the extent that the person becomes a menace to the health and safety of another person.
3. (3) Biennial examination expert--A person or persons employed by or under contract with the council to conduct a biennial examination to assess any change in the behavioral abnormality for a person committed under the Act, §841.081.
4. (4) Case Manager--A person employed by or under contract with the council to perform duties related to outpatient treatment and supervision of a person committed under this chapter.
5. (5) Council--The Council on Sex Offender Treatment.
6. (6) Case Management Team--All professionals involved in the assessment, treatment, supervision, monitoring, residential housing of the client, or other approved professionals. The case manager shall act as the chairperson of the team.
7. (7) Multidisciplinary Team (MDT)--Members of the Council on Sex Offender Treatment (two), Texas Department of Criminal Justice (one), Texas Department of Criminal Justice-Victim Service Division (one), Texas Department Public Safety (one), and Texas Department of State Health Services-Community Mental Health Division (two). The team assesses whether a person is a repeat sexually violent offender and whether the person is likely to commit a sexually violent offense after release or discharge; gives notice of it's findings to the Texas Department of Criminal Justice or to the Department of State Health Services-Community Mental Health Division; and recommends to either agency that the person be assessed for a behavioral abnormality.
8. (8) Predatory Act--An act directed toward individuals, including family members, for the primary purpose of victimization.

9. (9) Sexually Violent Offense--

   1. (A) an offense under the Penal Code, §§21.02, 21.11(a)(1), 22.011, or 22.021;
   2. (B) an offense under the Penal Code, §20.04(a)(4), if the defendant committed the offense with the intent to violate or abuse the victim sexually;
   3. (C) an offense under the Penal Code, §30.02, if the offense is punishable under subsection (d) of that section and the defendant committed the offense with the intent to commit an offense listed in subparagraphs (A) or (B) of this paragraph;
   4. (D) an offense under Penal Code, §19.02 or §19.03, that, during the guilt or innocence phase or the punishment phase for the offense, during the adjudication or disposition of delinquent conduct constituting the offense, or subsequently during a civil commitment proceeding under Health and Safety Code, Chapter 841, Subchapter D, is determined beyond a reasonable doubt to have been based on sexually motivated conduct;
   5. (E) an attempt, conspiracy, or solicitation, as defined by the Penal Code, Chapter 15, to commit an offense listed in subparagraph (A), (B), (C), or (D) of this paragraph;
   6. (F) an offense under prior state law that contains elements substantially similar to the elements of an offense listed in subparagraph (A), (B), (C), (D), or (E) of this paragraph; or
   7. (G) an offense under the law of another state, federal law, or the Uniform Code of Military Justice that contains elements substantially similar to the elements of an offense listed in subparagraph (A), (B), (C), (D), or (E) of this paragraph.
10. (10) Sexually Violent Predator (SVP)--A person is a sexually violent predator for the purpose of this chapter if the person: is a repeat sexually violent offender; and suffers from a behavioral abnormality that makes the person likely to engage in a predatory act of sexual violence.

Source Note:The provisions of this §810.122 adopted to be effective October 22, 2006, 31 TexReg 8520; amended to be effective April 24, 2011, 36 TexReg 2396; transferred effective September 1, 2011, as published in the Texas Register December 9, 2011, 36 TexReg 8391.