Emergency Sections
An agency may adopt a new or amended section or repeal an existing section on an 
emergency basis if it determines that such action is necessary for the public 
health, safety, or welfare of this state. The section may become effective 
immediately upon filing with the Texas Register, or on a stated date less than 
20 days after filing, for no more than 120 days. The emergency action is 
renewable once for no more than 60 days.
Symbology in amended emergency sections. New language added to an existing 
section is indicated by the use of bold text. [Brackets] indicate deletion of 
existing material within a section.
TITLE 1. ADMINISTRATION
Part II. Texas Ethics Commission
Chapter 9. Advisory Opinions
1 TAC sec.sec.9.1, 9.3, 9.5, 9.7
The Texas Ethics Commission adopts on an emergency basis new sec.sec.9.1, 9.3, 
9.5, and 9.7, which govern the requests for advisory opinions.
The Texas Ethics Commission has determined that the emergency adoption of the 
new sections are necessary and in the public interest in order to comply with 
Texas Civil Statutes, Article 6252-9d1(1.29).
The Texas Ethics Commission finds that an emergency exists in that sec.1.29 
mandates that the Texas Ethics Commission issue advisory opinions as requested 
on or after January 1, 1992. In order to issue advisory opinions already 
received by the public, there must in place a procedure for processing and 
answering those opinions in a timely manner; the Texas Constitution, Article 
III, sec.24a created the Texas Ethics Commission and gives the commission such 
powers and duties as the legislature may provide. The legislature has enacted 
Texas Civil Statutes, Article 6252-9d.1, effective January 1, 1992, which 
confers on the commission the power to issue advisory opinions and to promulgate 
any rules necessary to effectuate the intent of the statute.
The new sections are adopted on an emergency basis under Texas Civil Statutes, 
Article 6252-9d.1(1.29) by Article 6252.9d.1(1.11)(b)(9) which confers upon the 
commission the authority to adopt rules.
sec.9.1. Requests for Advisory Opinions.
(a) A request for a written advisory opinion for the commission must:
(1) be from a person authorized by Texas Civil Statutes, Article 6252-9d. 1 to 
make a request;
(2) be written;
(3) give specific detailed facts, real or hypothetical, in sufficient detail as 
to aid in the formation of an opinion;
(4) not be the subject matter of pending litigation;
(5) not require the resolution of a question of fact; and
(6) concern the application of one of the laws listed in Chapter 304, 
sec.1.29(a), Acts of the 72nd Legislative Session, 1991 (Texas Civil Statutes, 
Article 6252-(9d.1), to the requestor.
(b) A request regarding the activities, real or hypothetical, of a person other 
than the requestor is not a valid advisory opinion request.
(c) Advisory opinion requests should be sent to the Texas Ethics Commission, 
P.O. Box 12070, Austin, Texas 78711-2070.
sec.9.3. Examination and Referral of Requests.
(a) Upon receipt of an opinion request, the staff of the commission shall date-
stamp the request and assign a file number to the request.
(b) The staff of the commission will promptly examine each request to determine 
whether it satisfies the requirements listed in sec.9.1 of this title (relating 
to Requests for Advisory Opinions). The staff will respond to a request that 
does not meet the requirements of sec.9.1(a) of this title with a letter 
explaining why the request in unacceptable.
(c) If the commission staff determines that an opinion request can be answered 
by reference to the plain language of the applicable statute, or if the question 
has already been answered by the commission, then in either event the commission 
staff may advise the requestor of the language of the statute or the prior 
determination, as applicable. Such requests will not be designated as formal 
advisory opinions.
(d) Each request that qualifies as an advisory opinion request (AOR) under 
sec.9.1 of this title shall be assigned an AOR number for reference purposes and 
shall be published in summary form in the Texas Register.
(e) Any interested person may submit written comments concerning advisory 
opinion requests published by the commission. Comments submitted shall reference 
the AOR number.
sec.9.5. Time Period.
(a) An advisory opinion request will be considered to have been received on the 
date the staff of the commission determines the request to be in compliance with 
sec.9.1 of this title (relating to Request for Advisory Opinions).
(b) The authority granted by Texas Civil Statutes, Article 6252-9d.1(1.29) (b), 
is delegated to the staff of the commission.
sec.9.7. Confidentiality.
(a) The name of a person requesting an advisory opinion is confidential.
(b) The commission staff shall prepare a redacted version of each advisory 
opinion request. All information likely to identity a requestor shall be 
deleted.
(c) Original requests shall be placed in a confidential file. Neither original 
requests nor copies or original requests may be removed from the offices of the 
Ethics Commission.
Issued in Austin, Texas, on March 23, 1992.
TRD-9204138
Jim Mathieson
Assistant General Counsel
Texas Ethics Commission
Effective date: March 23, 1992
Expiration date: July 21, 1992
For further information, please call: (512) 463-5800