(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.
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Source Note: 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 to be effective July 13, 2020, 45 TexReg 4735 |