Sec. 1051.203. RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING. (a) The board may not adopt rules restricting advertising or competitive bidding by a certificate holder except to prohibit false, misleading, or deceptive practices.
(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 advertising medium;
(2) restricts the use of a certificate holder's personal appearance or voice in an advertisement;
(3) relates to the size or duration of an advertisement by the certificate holder; or
(4) restricts the certificate holder's advertisement under a trade name.
(c) The board shall adopt rules to prevent a person regulated by the board from submitting a competitive bid to, or soliciting a competitive bid on behalf of, a governmental entity that is prohibited by Subchapter A, Chapter 2254, Government Code, from making a selection or awarding a contract on the basis of competitive bids.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 1, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 331, Sec. 1.15, eff. Sept. 1, 2003.
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