28 Tex. Admin. Code § 1.27
Neither the board, the commissioner, nor the fire marshal may take official action in a contested case unless it is formally pending for adjudication, and unless it is a real case, controversy, or issue. Provided, however, an official ruling or opinion may be made in advance on any matter at the discretion of the board, the commissioner, or the fire marshal, unless precluded by law, if it is shown that unreasonable hardship, loss, or delay would result if the matter were not determined in advance. This section does not in any manner limit the right to an adjudicative hearing as provided by law, and shall not be interpreted as limiting the right of the board, the commissioner, or the fire marshal, on its own motion, to cause matters to become formally pending and to perform any function or duty prescribed by law or rule of the board.
28 Tex. Admin. Code § 1.27