Sec. 42.058. COMPETITIVE BIDDING OR ADVERTISING RULES    


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  • (a) The board may not adopt rules restricting competitive bidding or advertising by a license holder or registration holder except to prohibit false, misleading, or deceptive practices or to prevent a violation of this chapter.

    (b) In its rules to prohibit false, misleading, or deceptive practices, the board may not include a rule that:

    (1) restricts the use of any medium for advertising;

    (2) restricts the use of a license holder's or registration holder's personal appearance or voice in an advertisement;

    (3) relates to the size or duration of an advertisement by the license holder or registration holder; or

    (4) restricts the license holder's or registration holder's advertisement under a trade name.

Added by Acts 1997, 75th Leg., ch. 1022, Sec. 33, eff. Sept. 1, 1997.