Chapter 8.
ADVISORY OPINIONS
§8.3. Subject of an Advisory Opinion
§8.5. Persons Eligible To Receive an Advisory Opinion
§8.7. Request for an Advisory Opinion
§8.9. Commission Initiated Opinion
§8.11. Review and Processing of a Request
§8.15. Publication in Texas Register; Comments
§8.18. No Defense to Prosecution or Civil Penalty
§8.21. Compilation of Advisory Opinions
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise: AOR number--An advisory opinion request file number assigned by the executive director to a pending advisory opinion request in accordance with this chapter.
§8.3. Subject of an Advisory Opinion
(1) Government Code, Chapter 302 (concerning Speaker of the House of Representatives);
(2) Government Code, Chapter 303 (concerning Governor for a Day and Speaker's Reunion Day Ceremonies);
(3) Government Code, Chapter 305 (concerning Registration of Lobbyists);
(4) Government Code, Chapter 572 (concerning Personal Financial Disclosure, Standards of Conduct, and Conflict of Interest);
(5) Government Code, Chapter 2004 (concerning Representation Before State Agencies);
(6) Local Government Code, Chapter 159, Subchapter C, in connection with a county judicial officer, as defined by Section 159.051, Local Government Code, who elects to file a financial statement with the commission;
(7) Election Code, Title 15 (concerning Regulating Political Funds and Campaigns);
(8) Penal Code, Chapter 36 (concerning Bribery and Corrupt Influence);
(9) Penal Code, Chapter 39 (concerning Abuse of Office).
(10) Government Code, §2152.064 (concerning Conflict of Interest in Certain Transactions); and
(11) Government Code, §2155.003 (concerning Conflict of Interest).
(b) The commission may not issue an advisory opinion that concerns the subject matter of pending litigation known to the commission.
(c) For purposes of this section, the term litigation includes a sworn complaint proceeding before the Government Code Subchapters C-H, Chapter 2001, applies to the proceeding.
(d) An advisory opinion cannot resolve a disputed question of fact.
§8.5. Persons Eligible To Receive an Advisory Opinion
A person who is subject to one of the laws described in §8.3(a) of this chapter (relating to Subject of Advisory Opinions) may request an opinion that advises how the law applies to that person in a specific real or hypothetical factual situation.
§8.7. Request for an Advisory Opinion
(a) A request for an advisory opinion shall describe a specified factual situation. The facts specified may be real or hypothetical. The request must provide sufficient detail to permit the commission to provide a response to the request, including the name of the person making the request and, if applicable, the name of the person on whose behalf the request is made.
(b) A request for an advisory opinion shall be:
(1) in writing; and
(2) mailed or hand-delivered to the commission at the agency office or emailed to the commission’s email address designated for receiving requests.
§8.9. Commission Initiated Opinion
When a majority of the commission determines that an opinion would be in the public interest or in the interest of any person or persons within the jurisdiction of the commission, the commission may on its own motion issue an advisory opinion.
§8.11. Review and Processing of a Request
(a) Upon receipt of a written request for an advisory opinion, the executive director shall determine whether the request
(1) pertains to the application of a law specified under §8.3 of this chapter;
(2) meets the standing requirements of §8.5 of this chapter;
(3) meets the form requirements of §8.7 of this chapter; and
(4) cannot be answered by written response under § 8.17 of this chapter by reference to the plain language of a statute, commission rule, or advisory opinion.
(b) If the executive director determines that a request for an opinion meets the requirements of this chapter as set forth in subsections (a)(1)-(3) of this section and that the request cannot be answered by written response under §8.17 of this chapter, the executive director shall assign an AOR number to the request. The executive director shall notify the person making the request of the AOR number and of the proposed wording of the question to be answered by the commission.
(c) If the executive director determines that a request for an opinion does not meet the requirements of this chapter as set forth in subsections (a)(1)-(3) of this section or that the request can be answered by written response under §8.17 of this chapter, the executive director shall notify the person making the request of the reason the person making the request is not entitled to an advisory opinion in response to the request.
(a) The commission shall issue an advisory opinion in response to a request that meets the requirements of this chapter not later than the 60th day after the date the commission receives the request.
(b) The time available to issue an advisory opinion in response to a written request is automatically extended for 60 days pursuant to §571.092(b), Government Code.
§8.15. Publication in Texas Register; Comments
(a) Each request assigned an AOR number under this chapter shall be published in summary form in the Texas Register.
(b) Any person may submit written comments to the commission concerning an advisory opinion request. Comments submitted should reference the AOR number.
§8.17. Request Answered by Written Response
If the executive director determines that a request can be answered by reference to the plain language of a statute, commission rule, or advisory opinion:
(1) the executive director shall provide a written response to the person making the request that cites the language of the statute, rule, or advisory opinion, as applicable; and
(2) the person making the request is not entitled to an advisory opinion in response to the request.
§8.18. No Defense to Prosecution or Civil Penalty
A person who requests an advisory opinion does not obtain a defense to prosecution or to imposition of a civil penalty by requesting the opinion if any of the following apply:
(1) the commission is not authorized to answer the request because it does not pertain to the application of a law specified under §8.3 of this chapter;
(2) the request does not meet the standing requirements of §8.5 of this chapter;
(3) the request does not meet the form requirements of §8.7 of this chapter; or
(4) the executive director responds to the request by written response under §8.17 of this chapter.
(a) The name of a person who requests an advisory opinion is confidential.
(b) The original request for an advisory opinion shall be placed in a confidential file.
(c) Confidentiality under subsection (a) of this section may be waived only if the person making the request for an advisory opinion provides a verified, written waiver of confidentiality to the executive director.
(d) If a request for a copy of an advisory opinion request is received, the executive director shall prepare a redacted version of the advisory opinion request by deleting any information that is likely to identify the person making the request. The redacted version of the request shall be provided to the person who requested a copy of the advisory opinion request.
§8.21. Compilation of Advisory Opinions
The executive director shall number and categorize each advisory opinion issued and shall annually compile a summary of advisory opinions in a single reference document. The executive director may publish and provide copies of advisory opinions in other formats as may be in the public interest.