Sec. 42.058. COMPETITIVE BIDDING OR ADVERTISING RULES. (a) The executive commissioner 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) Rules to prohibit false, misleading, or deceptive practices 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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.234, eff. April 2, 2015.
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