Tex. Occ. Code § 1002.353 · Subchapter H. PUBLIC PRACTICE OF GEOSCIENCE
ADVISORY OPINIONS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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.
Notes and commentary — not statutory text
History
Added by Acts 2009, 81st Leg., R.S., Ch. 504 (S.B. 940), Sec. 4, eff. September 1, 2009.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/OC/htm/OC.1002.htm
- Text hash
- sha256 9c47016fc79deb809a35cca81751da949fde3d8004f153dbd3714ee09f6d1b6d
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.