Rules
Adopted
ADOPTED RULES
At its March 2025 meeting, the Texas Ethics Commission voted to adopt the following repealed, amended and new rules: §§ 8.3 regarding Subject of an Advisory Opinion, 8.5 regarding Persons Eligible to Receive an Advisory Opinion, 8.11 regarding Review and Processing of a Request, 8.17 regarding Request Answered by Written Response, 8.18 regarding No Defense to Prosecution or Civil Penalty, 8.21 regarding Compilation of Advisory Opinions, and 13.1 regarding Referral to Prosecuting Attorney. The text of the adopted repealed, amended and new rules are located below.
§8.3. Subject of an Advisory Opinion.
(Effective April 30, 2025)
Text of Adopted Amended Rule
§8.5. Persons Eligible to Receive an Advisory Opinion.
(Effective April 30, 2025)
Text of Adopted Amended Rule
§8.11. Review and Processing of a Request.
(Effective April 30, 2025)
Text of Adopted Amended Rule
§8.17. Request Answered by Written Response.
(Effective April 30, 2025)
Text of Adopted Repealed Rule
§8.18. No Defense to Prosecution or Civil Penalty.
(Effective April 30, 2025)
Text of Adopted Amended Rule
§8.21. Compilation of Advisory Opinions.
(Effective April 30, 2025)
Text of Adopted Amended Rule
§13.1. Referral to Prosecuting Attorney.
(Effective April 30, 2025)
Text of Adopted New Rule
§§8.3. through 8.21.
(Effective April 30, 2025)
Text of Adopted Amended and Repealed Rules
The proposed new language is indicated by underlined text.
The deleted language is indicated by [strikethrough] text.
§8.3. Subject of an Advisory Opinion.
[(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)] (a) The commission may not issue an advisory opinion that concerns the [subject matter]same or substantially similar facts of pending litigation known to the commission.
[(c)] (b) 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, applies to the proceeding] if the request is made by a respondent or complainant or the agent of a respondent or complainant of pending sworn complaint.
[(d)] (c) An advisory opinion cannot resolve a disputed question of fact.
§8.5. Persons Eligible To Receive an Advisory Opinion.
A person who is subject to one of the laws described in [§8.3(a) of this chapter (relating to Subject of Advisory Opinions)] §571.091, Gov’t Code may request an opinion that advises how the law applies to that person in a specific real or hypothetical factual situation. Opinions may only address how the law applies to the requestor, not any other real or hypothetical person.
§8.11. Review and Processing of a Request.
(a) Upon receipt of a written request for an advisory opinion, the executive director shall determine whether the request:
(1) pertains to the application of a law specified under [§8.3 of this chapter] §571.091, Gov’t Code;
(2) meets the standing requirements of §8.5 of this chapter; and
(3) meets the form requirements of §8.7 of this chapter. [; and]
[(4) cannot be answered by written response under § 8.17 of this chapter by reference to the plain language of a statute, commission rule, or advisory opinion.]
(b) If the executive director determines that a request for an opinion meets the requirements of this chapter as set forth in subsections (a)(1)-(3) of this section [and that the request cannot be answered by written response under §8.17 of this chapter], the executive director shall assign an AOR number to the request. The executive director shall notify the person making the request of the AOR number and of the proposed wording of the question to be answered by the commission.
(c) If the executive director determines that a request for an opinion does not meet the requirements of this chapter as set forth in subsections (a)(1)-(3) of this section [or that the request can be answered by written response under §8.17 of this chapter], the executive director shall notify the person making the request of the reason the person making the request is not entitled to an advisory opinion in response to the request.
(d) A person who requests an opinion may withdraw the request prior to its inclusion on a meeting agenda filed by the Commission pursuant to the Open Meetings Law. Once a request is included on such an agenda, it may not be withdrawn by the requestor.
(e) The executive director may submit written questions to the requestor to clarify the real or hypothetical facts submitted with the request.
(f) The executive director may invite comments regarding an advisory opinion request from individuals or entities that may have expertise or an interest in the subject of the request.
[§8.17. Request Answered by Written Response.
If the executive director determines that a request can be answered by reference to the plain language of a statute, commission rule, or advisory opinion:
(1) the executive director shall provide a written response to the person making the request that cites the language of the statute, rule, or advisory opinion, as applicable; and
(2) the person making the request is not entitled to an advisory opinion in response to the request.]
§8.18. No Defense to Prosecution or Civil Penalty.
A person who requests an advisory opinion does not obtain a defense to prosecution or to imposition of a civil penalty by requesting the opinion if any of the following apply:
(1) the commission is not authorized to answer the request because it does not pertain to the application of a law specified under [§8.3 of this chapter] §571.091, Gov’t Code;
(2) the request does not meet the standing requirements of §8.5 of this chapter; or
(3) the request does not meet the form requirements of §8.7 of this chapter.[; or]
[(4) the executive director responds to the request by written response under §8.17 of this chapter.]
§8.21. Compilation of Advisory Opinions.
The executive director shall number and categorize each advisory opinion issued and publish the opinion on the commission’s website. [and shall annually compile a summary of advisory opinions in a single reference document.] The executive director may publish and provide copies of advisory opinions in other formats as may be in the public interest.
§§13.1. Referral to Prosecuting Attorney.
(Effective April 30, 2025)
Text of Adopted New Rule
The proposed new language is indicated by underlined text.
Chapter 13. REFERRALS TO PROSECUTORS.
§13.1. Referral to Prosecuting Attorney.
(a) Under section 571.171 of the Government Code, the commission may vote to refer a matter related to a sworn complaint to the appropriate prosecuting attorney for criminal prosecution upon the commission accepting jurisdiction over the sworn complaint.
(b) A referral under subsection (a) of this section shall be delayed in accordance with section 571.134 of the Government Code.