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;
  (2) the request does not meet the standing requirements of §8.5 of this chapter;
  (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.

Source Note: The provisions of this §8.18 adopted to be effective July 13, 2020, 45 TexReg 4735