Sec. 1951.206. RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING  


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  • (a) Except as provided by Subsection (b), the department may not adopt a rule restricting advertising or competitive bidding by a person regulated by the department under this chapter.

    (b) The department may adopt rules restricting advertising or competitive bidding to prohibit false, misleading, or deceptive practices by a person regulated by the department under this chapter. A rule adopted under this subsection may not:

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

    (2) restrict a person's personal appearance or use of a person's voice in an advertisement;

    (3) relate to the size or duration of an advertisement by a person; or

    (4) restrict a person's advertisement under a trade name.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003. Amended by: Acts 2007, 80th Leg., R.S., Ch. 890 , Sec. 1.20, eff. September 1, 2007.