1 Tex. Admin. Code § 8.3 - Subject of an Advisory Opinion

Current through Reg. 47, No. 14; April 8, 2022

(a) The commission may only issue a written advisory opinion on the application of any of the following laws:
(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 commission only if the Government Code Subchapters C - H, Chapter 2001, apply to the proceeding.
(d) An advisory opinion cannot resolve a disputed question of fact.

Notes

1 Tex. Admin. Code § 8.3
The provisions of this §8.3 adopted to be effective December 31, 1993, 18 TexReg 9709; Amended to be effective September 19, 2001, 26 TexReg 7116; Amended to be effective April 30, 2008, 33 TexReg 3387; Amended to be effective July 1, 2009, 34 TexReg 4291; Amended by Texas Register, Volume 45, Number 28, July 10, 2020, TexReg 4735, eff. 7/13/2020

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