Sec. 801.153. RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING  


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  • (a) The board may not adopt a rule restricting advertising or competitive bidding by a person regulated by the board except to prohibit a false, misleading, or deceptive practice by that person.

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

    (1) restricts the person's use of any advertising medium;

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

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

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

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.