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A BILL TO BE ENTITLED
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AN ACT
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relating to the use in an advertisement of a name or picture of a |
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member of the United States armed forces or the national guard; |
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providing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 35, Business & Commerce |
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Code, is amended by adding Section 35.64 to read as follows: |
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Sec. 35.64. CERTAIN USES OF NAME OR PICTURE OF MEMBER OF |
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ARMED FORCES OR NATIONAL GUARD PROHIBITED. (a) In this section: |
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(1) "Heir" means a surviving grandparent, parent, |
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sibling, child, or grandchild of a deceased individual. |
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(2) "Personal representative" means an executor, |
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independent executor, administrator, independent administrator, or |
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temporary administrator, together with their successors. |
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(b) A person commits an offense if the person uses, in an |
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advertisement for a commercial purpose, the name of an individual |
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who is an active duty or former member of the United States armed |
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forces, the Texas National Guard, or the national guard of another |
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state, or a picture of the individual in uniform in which the |
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individual is clearly identifiable, without obtaining the consent |
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of: |
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(1) the individual, if the individual is living; or |
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(2) the individual's surviving spouse or personal |
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representative or a majority of the individual's adult heirs, if |
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the individual is deceased. |
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(c) An offense under this section is a Class A misdemeanor. |
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(d) This section does not apply to a member of the print or |
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broadcast media who uses a name or picture of an individual in a |
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report of news to the public or an advertisement for that report. |
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SECTION 2. This Act takes effect September 1, 2007. |