Sec. 1002.353. ADVISORY OPINIONS. (a) On its own initiative or at the request of any interested person, the board shall prepare a written advisory opinion regarding:
(1) an interpretation of this chapter; or
(2) the application of this chapter to a person with respect to a specified existing or hypothetical factual situation.
(b) The board shall respond to a request for an opinion not later than the 180th day after the date the request is submitted to the board unless the board affirmatively states the board's reason for not responding to the request within that period or not responding to the request at all.
(c) The board shall:
(1) number and classify each advisory opinion issued under this subchapter; and
(2) annually compile a summary of the opinions in a single document that is available on the Internet.
(d) The authority of the board to issue an advisory opinion under this subchapter does not affect the authority of the attorney general to issue an opinion as authorized by law.
(e) It is a defense to prosecution or to imposition of an administrative penalty that a person reasonably relied on a written advisory opinion of the board relating to:
(1) the provision of the law the person is alleged to have violated; or
(2) a fact situation that is substantially similar to the fact situation in which the person is involved.
Added by Acts 2009, 81st Leg., R.S., Ch. 504 (S.B. 940), Sec. 4, eff. September 1, 2009.
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