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Current as of January 01, 2024 | Updated by Findlaw Staff
(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.
Cite this article: FindLaw.com - Texas Government Code - GOV'T § 571.097. Defenses: Reliance on Advisory Opinion; Commission's Failure to Issue Opinion - last updated January 01, 2024 | https://codes.findlaw.com/tx/government-code/gov-t-sect-571-097/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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