Texas Government Code 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.
Terms Used In Texas Government Code 571.097
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(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 expires and ending on the date the commission issues the requested opinion.