Tex. Gov't Code Section 571.097
Defenses: Reliance on Advisory Opinion; Commission’s Failure to Issue Opinion

(a)

It is a defense to prosecution or to imposition of a civil penalty that the person reasonably relied on a written advisory opinion of the commission relating to the provision of the law the person is alleged to have violated or relating to a fact situation that is substantially similar to the fact situation in which the person is involved.

(b)

It is a defense to prosecution or to imposition of a civil penalty for the violation of a law that:

(1)

the person requested a written advisory opinion from the commission relating to the application of that law to a specified existing fact situation involving the person that is the same fact situation or substantially similar to the fact situation that forms the basis of the alleged violation; and

(2)

the commission did not issue the opinion within the time prescribed by Section 571.092 (Deadline for Opinion; Extension).

(c)

The defense to prosecution or imposition of a civil penalty under Subsection (b) applies only to acts giving rise to a potential violation of law occurring in the period beginning on the date the time prescribed by Section 571.092 (Deadline for Opinion; Extension) expires and ending on the date the commission issues the requested opinion.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 521 (S.B. 548), Sec. 2, eff. September 1, 2019.

Source: Section 571.097 — Defenses: Reliance on Advisory Opinion; Commission's Failure to Issue Opinion, https://statutes.­capitol.­texas.­gov/Docs/GV/htm/GV.­571.­htm#571.­097 (accessed Jun. 5, 2024).

571.001
Purpose 571.002
Definitions 571.021
Texas Ethics Commission 571.022
Sunset Provision 571.023
Presiding Officer 571.024
Expenses 571.025
Meetings 571.026
Quorum 571.027
Prohibited Participation 571.028
Prohibited Candidacy 571.029
Staff 571.030
Separation of Responsibilities 571.031
Records 571.032
Mailing of Notices, Decisions, and Reports 571.061
Laws Administered and Enforced by Commission 571.062
Rules 571.063
Rules Concerning Gifts to Regulatory Agency Officers and Employees 571.064
Reporting and Registration Thresholds 571.065
Forms 571.066
Electronic Data Base 571.067
Computer Software 571.068
Account Numbers 571.069
Review of Statements and Reports 571.070
Manual 571.071
Training 571.072
Public Access 571.073
Report 571.074
Gifts and Grants 571.075
Delegation of Authority 571.076
Contract for Administration 571.077
Statements, Registrations, and Reports Considered to Be Verified 571.078
Negotiated Rulemaking and Alternative Dispute Resolution 571.079
Posting Information Relating to Unpaid Penalties on Website 571.091
Opinion to Be Given on Request 571.092
Deadline for Opinion 571.093
Protection of Identity of Requestor or Affected Person 571.094
Opinion Issued on Initiative of Commission 571.095
Maintenance of Opinions 571.096
Opinion by Other Governmental Entity 571.097
Defenses: Reliance on Advisory Opinion 571.098
Conversion of Contribution to Personal Use 571.121
General Powers 571.122
Filing of Complaint 571.123
Processing of Complaint 571.124
Preliminary Review: Initiation 571.125
Preliminary Review Hearing: Procedure 571.126
Preliminary Review Hearing: Resolution 571.129
Formal Hearing: Standard of Evidence 571.130
Formal Hearing: Subpoenas and Witnesses 571.131
Formal Hearing: Procedure 571.132
Formal Hearing: Resolution 571.133
Appeal of Final Decision 571.134
Delay of Referral 571.135
Public Interest Information 571.136
Extension of Deadline 571.137
Subpoena 571.138
Status of Complainant 571.139
Applicability of Other Acts 571.140
Confidentiality 571.141
Availability of Commission Orders on Internet 571.142
Liability for Respondent’s Costs 571.171
Initiation and Referral 571.172
Order 571.173
Civil Penalty for Delay or Violation 571.174
Denial, Suspension, or Revocation of Lobbyist Registration 571.175
Notification of Regulatory or Supervisory Entity 571.176
Civil Penalty for Frivolous or Bad-faith Complaint 571.177
Factors Considered for Assessment of Sanction 571.0221
Discrimination Prohibited 571.0231
Restriction on Commission Membership 571.0232
Grounds for Removal 571.0271
Commission Member Training 571.0301
Information to Members and Employees 571.0302
Equal Employment Policy 571.0631
Rules Concerning Technical and Clerical Violations 571.0645
Filing Deadline for Electronic Reports 571.0671
Requirements for Electronic Filing Software 571.0672
Proposition of Technological Solutions 571.0771
Corrected Statements, Registrations, and Reports Considered Timely Filed 571.1211
Definitions 571.1212
Categorization of Violations 571.1221
Dismissal of Complaint Filed at Direction or Urging of Nonresident 571.1222
Dismissal of Complaint Challenging Certain Information in Political Report 571.1223
Dismissal of Complaint Following Corrected or Amended Statement, Registration, or Report 571.1231
Designation of Agent by Certain Respondents 571.1241
Review of Executive Director’s Determination of Jurisdiction 571.1242
Preliminary Review 571.1244
Preliminary Review and Preliminary Review Procedures 571.1351
Status of Complaint 571.1731
Waiver or Reduction of Late Filing Penalty
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 571.097’s source at texas​.gov