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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 state military |
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forces; 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 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, who is a member or former member of a reserve component of |
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the United States armed forces, or who is a member or former member |
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of the state military forces, as defined by Section 431.001, |
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Government Code, or a picture of the individual in uniform in which |
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the individual is clearly identifiable, without obtaining the |
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consent 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. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 277 passed the Senate on |
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March 14, 2007, by the following vote: Yeas 30, Nays 0; and that |
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the Senate concurred in House amendment on May 10, 2007, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 277 passed the House, with |
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amendment, on April 25, 2007, by the following vote: Yeas 134, |
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Nays 0, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |