Texas Statutes
Subchapter D. Advisory Opinions
Section 571.097. Defenses: Reliance on Advisory Opinion; Commission's Failure to Issue Opinion

Sec. 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.
(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.
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.

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