| By: Kleinschmidt (Senate Sponsor - Hegar) | H.B. No. 3566 | |
| (In the Senate - Received from the House May 8, 2013; | ||
| May 9, 2013, read first time and referred to Committee on | ||
| Agriculture, Rural Affairs, and Homeland Security; May 20, 2013, | ||
| reported favorably by the following vote: Yeas 3, Nays 0; | ||
| May 20, 2013, sent to printer.) | ||
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| relating to the regulation of advertising by structural pest | ||
| control businesses. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 1951.206, Occupations Code, is amended | ||
| to read as follows: | ||
| Sec. 1951.206. RULES RESTRICTING ADVERTISING OR | ||
| COMPETITIVE BIDDING. (a) Except as provided by Subsection (b), the | ||
| department may not adopt a rule restricting advertising or | ||
| competitive bidding by a person subject to regulation [ |
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| by the department under this chapter. | ||
| (b) The department may adopt rules restricting advertising | ||
| or competitive bidding to prohibit false, misleading, or deceptive | ||
| practices by a person subject to regulation [ |
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| department under this chapter. A rule adopted under this | ||
| subsection may not: | ||
| (1) restrict the use of any medium for advertising; | ||
| (2) restrict a person's personal appearance or use of a | ||
| person's voice in an advertisement; | ||
| (3) relate to the size or duration of an advertisement | ||
| by a person; or | ||
| (4) restrict a person's advertisement under a trade | ||
| name. | ||
| (c) Subsection (b)(4) does not prohibit the department from | ||
| adopting a rule regulating the use of the name of a business or | ||
| license holder in an advertisement for a structural pest control | ||
| business. | ||
| SECTION 2. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2013. | ||
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